Restrictive Covenant Lawyers in Philadelphia & South Jersey
Binding employees with restrictive covenants is a common practice in today’s business world. With the decline of labor unions and other organizations that protect workers’ rights, companies are taking advantage of employees by imposing mandatory, contractual obligations on them which restrict their freedom and limit their earning potential both during and after their time of employment.
If you are a resident of Camden County, NJ, or any of its neighboring communities, and you need an experienced commercial litigation lawyer to help you find your way out of an unfair restrictive covenant, read on. Once you’ve finished, contact us and let’s take the next step toward your freedom together.
What is a restrictive covenant in business?
Restrictive covenants exist so that companies, agencies and other types of businesses can protect and preserve integral, inside information that is imperative for their employees to know, yet may not be advantageous for outside entities to be aware of. If you’ve ever heard the terms non-compete, non-dealing or non-poaching, these are all types of restrictive covenants.
While the specific terms vary, generally speaking, a restrictive covenant prohibits an employee from using the information he or she gained from an employer to compete against them. However, if you sign a restrictive covenant, don’t think that means you can never work in the same industry again if and when you leave that company—clauses as such always expire after a predetermined period of time.
While it is understandable for some employers to require that their employees sign restrictive covenants, it’s important that they don’t take advantage of those hardworking people. If you think a noncompete is unfairly preventing you from furthering your career, our business lawyers are here to help.
Can I get out of my restrictive covenant?
If you can prove that the restrictive covenant to which you’re tied is unreasonable or unnecessary, or covers a timeframe that is longer than necessary to protect the company of interest, then the clause may not be enforceable. However, you cannot draw your own conclusions without the help of a qualified attorney.
Terms such as reasonable and necessary are subjective—that fact can be used to your advantage or disadvantage. If you want to prove that the restrictive covenant you signed is unreasonable or unnecessary, it’s imperative that you work alongside the right legal team. Subjective terms will vary in definition from industry to industry, but we’re qualified to assist you no matter what your background is.
Restrictive covenants in land usage
Restrictive covenants also apply to land usage insofar as to protect the owners of property adjacent to another plot of land. Restrictive covenants ensure that surrounding property won’t be damaged or devalued because the activities that take place on a nearby plot.
For example, if you own working farmland, and an open pasture across the way belongs to another property owner, there may be a restrictive covenant between you and the other property owner preventing him or her from building a large housing development there. However, there are many other examples in which a restrictive covenant would be relevant.
Touch base with us if you need legal counsel regarding a restrictive covenant that affects your property.
Our attorneys here at Cronin Trial Lawyers are available to provide legal counsel to residents in each town from Philadelphia, PA to Camden County, NJ who need legal guidance in their endeavors to free themselves from unfair restrictive covenants.
Call 215-751-9001 today and speak with one of our associates about your rights, and how we can help you get out of a restrictive covenant.