• Changes in Job Description Could Render Restrictive Covenants Unenforceable
  • April 29, 2015 | Author: Jeremy E. Deutsch
  • Law Firm: Norris McLaughlin & Marcus, P.A. A Professional Corporation - New York Office
  • The Appellate Division, First Department, of the Supreme Court of the State of New York came down on January 15, 2015, with an interesting decision regarding, in part, the enforceability of restrictive covenants in employment contracts and in option agreements. This is a matter that, even on the facts that are specific to this case, should be of some interest to employers who think that they gain an extra layer of protection by granting stock options to employees, in exchange for which the employees promise not to compete with the employer. Stock option agreements containing non-competes are quite common.