What restrictions can a forrmer employer place on your future employment?

UPDATED: Jul 26, 2011

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What restrictions can a forrmer employer place on your future employment?

Can my husband’s former employer ban him from doing future projects or being employed with the company his former boss’s company does marketing for?

Asked on July 26, 2011 New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

IF your husband had signed a non-competition agreement wiht the former employer, then that non-competition agreement, as a general matter would be enforceable as per its terms--though a too-broad or too-long non-competition agreement (one that essentially prevented the employer from working again for an unreasonable amount of time) would often by judicially rewritten by the courts, if challenged, to cut it back to acceptable levels. Without a non-competition agreement of some kind, there is no "legal" way--i.e. no legally enforceable way--to do what you write about; however, nothing stops the former employer from asking people or other companies to not work with your husband, and if they choose  to not employee him, that is permitted; it is the same as the way a former employer can ask that a specific former employee be hired or utilized as a favor to that person. People can always ask others to work with, or not work with, given individuals, and if those  others choose to do so, that is legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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