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To Compete or Not to Compete? That Is the Question

To Compete or Not to Compete? That Is the Question

By Nina Kaufman, Esq.

“Can I get my employees to sign a non-compete?” I’m often asked. Unless you’ve thought through this special kind of legal provision carefully, they are often struck down. A non-compete clause essentially prevents your worker from entering into a competing business or working for a competing business when he or she leaves your employ.  While that may seem fair to you–“why should I let my employee learn on my job and take all my stuff and go to another position?”–courts tend to have a different perspective. Essentially, courts are concerned (especially with the job market nowadays) that workers will be unable to find other employment with a non-compete provision looming over their heads. And they are messy. If you’re going to insist that an employee sign a noncompete provision, you need to be prepared to enforce it. And when you’re hiring employees, the last thing you need is to get embroiled in litigation with this person’s prior employer. As Lauren Ellerman, Esq. points out in her blog: “Chances are if you are looking to hire…

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Nina Kaufman

Flying solo doesn’t have to mean going it alone.

I’m Nina Kaufman.

I know first-hand that running a knowledge-based service business has unique challenges. It’s so much easier when you have an advocate in your corner. Over the past 25 years, I’ve worked with thousands of New York business professionals who want a legal advisor to guide and support them as they navigate the business world.

With wide-ranging experience as a business attorney, strategist, and media authority, I bring the added power of a business lens to the legal issues my clients are facing.

And because I’ve been a business owner myself, I’ve lived through the soaring highs and devastating lows – like when my first law firm failed. So I understand what’s involved to serve great clients, detect business risks early and build a true legacy.

I can’t get those 12 years back. That’s why I have made it my mission to ensure that business professionals like you can become wise and discerning leaders, build a solid business, and live your best life.