I signed a non - compete when I first started working as an independent contractor . The industry is INTERNET services . The clause states that for 3 years I cannot " compete , solicit , or - accept - business from any customer or - potential - customer " of company ( emphasis added by myself ) . I decided to compete anyway , and I got served with a non - compete breach of contract . From reading NY law , 3 years is often too long , especially in the on line space . And one could argue that potential client's without geographic restrictions ( since it's INTERNET , doesn't matter where the client is located ) is too broad as well . Am I correct ? In the end , I did get sued , and they request relief only for 6 months . Is this their attempt at making the N . C . less broad ? Can they win this ? I'll be talking to an atty .
Seems over road to me. NY Courts can limit an overbroad noncompete and enforce to the extent necessary to protect legitimate business interests, but, only where the employer acted in good-faith and did not overreach when implementing the noncompete. One of the cases to look at is the Scott Stackrow case from a few years back. Best of luck.