Non-Compete Release NYS

UPDATED: Oct 1, 2022

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Non-Compete Release NYS

I worked for Company X in Suffolk County, NY as a scribe for what was
supposed to be FT starting 9/2018. I ended up only working 1 day a week for
about 6 hours. I quit around 2/2019 because I needed more hours and better
pay. The doctor I worked for was fantastic and would agree I did my job well. I
am trying to get into a physicians assistant program and need the hours plus I
need the money to pay off my student loans and fix my dying car. I asked the
company for a non-compete release and my manager rudely said yes but now
her manager and HR is saying no. They instead said ‘Your non-compete
agreement will remain enforceable during the course of your employment with
Company X and for 1 year following separation. However, should you find
another position you wish to apply to, I am happy to review the details of that
position with you and confirm whether or not it would fall within the restrictions
of the non-compete agreement.’ I was a scribe. I know no trade secrets, no
secret codes, formulas anything about this company. I never even took my final
exam because my manager forgot and I got tired of asking. I have almost no
money to my name and scribing is one of the very few jobs I can do that counts
towards PA school. I feel as if they are just trying to take advantage of the fact
that I am stuck since they know I serve no threat. I just want to know what to do
or say so I can get this non-compete and keep working. Thank you for your time

Asked on March 13, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Their motivation does not matter: all that matters is that you entered into a noncompetition agreement. Noncompetition agreements are legal and enforceable; therefore, they have the right to enforce it and not release you regardless of the effect on you. A party to a legal contract or agreement may insist on its performance.
It also does not matter that you insist you know no secrets or are no threat: the point is that you entered into a contract and they can enforce it against you. Therefore, they can keep you from working for a competitor, as per the plain terms of the agreement, for its stated duaration.

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 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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