A Summary of Connecticut vs. New York Law on Enforcing Non-Competes
by
Joseph C. Maya on Mar. 05, 2024
Summary: We here in the Westport, Connecticut office of Maya Murphy, P.C. are often asked about the enforceability of a non-compete covenant under either Connecticut or New York law. As many Fairfield County residents work in New York, we thought it appropriate to give a quick summary of the two approaches to the issue. The short answer is that Connecticut and New York laws are similar, but not the same.
Connecticut Law
The Connecticut Supreme Court has identified five factors to be considered in determining the enforceability of a non-compete: (1) length of time of the restriction; (2) the geographical area covered; (3) the fairness of the protection accorded to the employer; (4) the extent of the restraint on the employee’s opportunity to pursue an occupation; and (5) the extent of interference with the public interest. Connecticut law does not require that all of these factors militate against enforceability of the non-compete. The five-prong test is disjunctive—one factor may be sufficient to invalidate the covenant not to compete.
New York Law
Under New York law, a restrictive covenant is “rigorously examined” and only enforced if it is reasonable in terms of time, space, or scope, and not oppressive in its operation. Enforceability depends on whether the covenant is reasonable in time and geographic area weighing the need to protect the employer’s legitimate business interests against the employee’s concern regarding the possible loss of livelihood. Injunctive relief, while not uncommon, is not automatic but rather turns on the peculiar facts of each case.
Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.
Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of: Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law and employment law matters in New York as well.
If you have any questions about employment law or education law in Connecticut, or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.