A New York non compete agreement is a written contract in which a worker promises not to work for a competitor for a set time after leaving a job. Employers use it to protect confidential information, customer relationships and business interests. A New York court enforces such a promise only if it is reasonable and protects a legitimate interest of the employer.[1] Build your non compete form online or download the free PDF below.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current New York law. If you notice an error or outdated information, please contact us.
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The FormsPal New York non compete agreement is a form between a company and a worker. The worker can be an employee or an independent contractor. It is the New York version of our general non compete agreement template. You fill in the details with the online builder or on the downloaded PDF.
Read every section before you sign, then have both sides sign and date it.
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New York has no general non-compete statute. Courts enforce a non-compete only if it is reasonable: no broader than the employer's legitimate interest needs, no undue hardship on the worker, and no harm to the public (BDO Seidman v Hirshberg, 1999). Learn about the most common states requested by our website users when it comes to non-compete agreements.
In New York, a court enforces a non compete only if it is reasonable and protects a legitimate interest of the employer. The state's highest court set that standard in BDO Seidman v Hirshberg in 1999.[1] The opinion states the test this way:
A restraint is reasonable only if it: is no greater than is required for the protection of the legitimate interest of the employer, does not impose undue hardship on the employee, and is not injurious to the public[1]
A signature does not settle the question. The question is whether the restriction is reasonable and serves legitimate interests. A signed non compete that asks for more than the business needs may not be enforced.[1]
One industry has its own statute. Under N.Y. Lab. Law § 202-k, a broadcasting industry employer may not require as a condition of employment, whether in an employment contract or otherwise, that a broadcast employee or prospective broadcast employee refrain from obtaining employment. The ban covers any specified geographic area, any specific period of time, and any particular employer or industry, after the job ends.[2]
Beyond the broadcasting rule, New York has no statute that:
When you fill in the template, describe the restricted work, the time and the area of your non compete only as widely as needed to protect the company's business interests.
No. A broadcasting industry employer may not require a broadcast employee or prospective broadcast employee to refrain from obtaining employment after the job ends. That holds for a geographic area, a period of time, or a particular employer or industry.[2]
General information, not legal or tax advice.
