Can a non-compete agreement regarding former students and large monetary compensation be upheld?

I'm a musical theatre teacher and I once taught a class for a company and one of the students approached me asking to take private classes (I did not solicit and the focus of the class is entirely different than that of private lessons). I've been teaching the child ever since and the company would like to hire me again, asking that I sign a non-compete agreement in action for an unspecified amount of time and radius that will prohibit me from communicating with any current or PAST students of the company. If I violate this, they demand 10,000 dollars. I did not solicit the student and she hated the other class she took there. She simply did not like the other teacher. Could they pursue this? Also, what if other students I teach are past clients and I just don't know about it?

New York, NY -

Attorney Answers (2)

Russell E. Adler

Russell E. Adler

Employment / Labor Attorney - New York, NY

The enforceability of non-competes is a very fact-sensitive question. I strongly advise you to review the proposed agreement with attorney who specializes in this area (I do a lot of this work) if you are seriously considering taking this position.

Vincent Peter White

Vincent Peter White

Employment / Labor Attorney - Long Island City, NY

An attorney would have to review the agreement in question before he or she was able to offer you a reasonably accurate answer. I am sorry.

This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more

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