Break a Non-Compete in New York? Here’s What You’re Really Up Against

So you left the job and took a new one—and now your old employer is breathing down your neck. They’re waving around a non-compete and threatening to take you to court. Sound familiar? If you’ve broken (or are about to break) a non-compete in New York, you need to know what’s actually at stake. These agreements aren’t always enforceable, but when they do hold up, the fallout can hit hard. That’s why it’s essential to work with experienced commercial litigation attorneys who understand how to protect your future.

At Horn Wright, LLP, we help New Yorkers navigate the minefield of non-compete enforcement. Whether you’re already being threatened with legal action or just trying to make the next move without getting sued, we’ll evaluate your contract, assess the risks, and build a plan that puts you in the best position to move forward.

What New York Courts Can Do If You Breach a Clause

Non-compete clauses aren’t always a paper tiger. If your former employer takes legal action and wins, the consequences can be serious—and they can happen fast.

Injunctions That Block Your Next Job

One of the most immediate threats is a temporary restraining order or preliminary injunction. That’s when a judge steps in and says:

• You can’t work for your new employer
• You have to stop contacting clients
• You must step away from a specific market or role

In some cases, this kind of court order can derail your new job within days. Even if the clause is eventually ruled unenforceable, the damage to your career could already be done.

Getting Hit with Damages or Even Legal Fees

If your old employer can prove you caused them financial harm—like poaching clients or misusing confidential info—they might sue you for monetary damages. That could include:

• Lost revenue from accounts they say you stole
• The cost of replacing your role or fixing disruptions
• Legal fees if your contract includes a fee-shifting clause

New York courts have the power to award damages if the employer can tie your actions to real, provable loss. That’s where the paper trail (or lack of it) really matters.

How NY Employers Fight Back When You Cross the Line

Once a non-compete is violated—or they think it is—some companies waste no time. Here’s how enforcement usually kicks off.

Emergency Court Filings and Cease & Desist Letters

Before anything else, your former employer might send a cease and desist letter demanding you stop what you’re doing. If you ignore it, they may run straight to court with an emergency filing.

In New York, they can:

• Request a temporary restraining order to freeze your actions
• File a lawsuit asking for an injunction and damages
• Serve your new employer with notice to apply pressure

These moves are designed to disrupt your momentum and force a quick response. They’re not always successful, but they can get expensive and stressful fast.

Suing for Lost Business or Trade Secret Exposure

If your former employer thinks you’ve taken customers or shared sensitive info, they might file suit claiming:

• Tortious interference (you cost them business by violating the contract)
• Misappropriation of trade secrets
• Breach of fiduciary duty if you had a leadership role before leaving

These claims can escalate the legal battle beyond just the non-compete itself. That’s why you’ll want commercial litigation attorneys who know how to shut them down early—or turn the tables in your favor.

Accused of Violating a Non-Compete in NY? Here’s What to Do Now

Getting hit with a legal threat can be overwhelming. But your response in the first few days can make or break your outcome.

Why You Shouldn’t Talk to Your Old Boss

It might feel natural to pick up the phone and explain yourself. Don’t.

Anything you say can be used against you later in court. If emotions run high or you admit something that sounds even a little wrong, you could dig yourself into a deeper hole.

Let your attorney handle all communication. That keeps the tone professional and strategic—exactly what you need in this kind of fight.

What to Show Your Lawyer Immediately

Your legal team needs context fast. Be ready to share:

• A full copy of your employment contract
• Any emails or documents referencing the non-compete
• Communications with your new employer about the role
• Client lists, sales records, or project documents (if relevant)

This information helps your attorney assess the risk, prepare defenses, and look for weaknesses in the enforcement claim.

They’ll also evaluate whether your former employer has a leg to stand on—or whether they’re bluffing to scare you into backing down.

The Right Response Starts with the Right Team

If you’re facing non-compete enforcement in New York, don’t go it alone. At Horn Wright, LLP, our commercial litigation attorneys defend professionals who are trying to move forward with their careers. We know what the courts look for, how to push back fast, and how to protect what you’ve worked for. If you're ready to defend your next move, it’s time to hire one of the best law firms in America. Call us now—before your next opportunity slips away.