They are attempting to narrow the scope of the Non-compete because they have been told that a three year non compete is too broad. They can win, but more information is necessary. You need to meet with an attorney asap.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com
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.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases
Hire an attorney.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
I have been litigating these types of clauses since 1974. You shouldn't be trying to figure out whether it's enforceable or not, or to what extent; you should be retaining a law firm like mine to defend you in the litigation before your time to respond to the complaint expires.