Post-Employment Restrictions: 35 Years of Uncertainty

, New York Law Journal


Adam J. Safer, a member of Miller & Wrubel, writes: Can an employer in New York terminate one of its employees without cause, for example by layoff or firing, and still enforce contractual restrictions preventing that employee from competing against it? With cryptic Court of Appeals decisions and inconsistent answers from the Appellate Division and New York federal courts, the answer is: it depends.

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