Non-Compete Agreements in New York: How Long Is Too Long?

You’re ready to move forward in your career, but there’s a clause in your contract that’s making you hesitate. That non-compete agreement, signed months or even years ago, is now standing between you and your next opportunity. 

It’s unclear. It’s restrictive. And it’s making you question whether you can legally accept a job that aligns with your skills and goals.

This isn’t just paperwork. It’s your livelihood. Our commercial litigation attorneys at Horn Wright, LLP, help professionals across New York navigate contracts that limit where, when, and how they can work. 

We break down the fine print, assess whether a non-compete is enforceable, and push back against unreasonable restrictions. If your agreement is holding you back, it’s time to explore your options and protect your future.

What’s Considered “Too Long”? Industry Norms for Non-Competes in New York

There’s no strict statute in New York that caps the duration of non-compete agreements. Courts instead apply a reasonableness test, which varies depending on the industry and the role involved.

Here’s how non-competes typically look across several fields:

Tech and Software

Employers in this space often request 6 to 12 months of restriction, especially for those who had access to proprietary code, system architecture, or product roadmaps. But for non-technical roles or positions without exposure to sensitive material, that length may not hold up.

Finance and Investments

It’s not uncommon for private equity, hedge funds, or large investment firms to include 12- to 24-month non-competes, particularly if you managed client portfolios or had access to internal financial models. Still, the company must justify the restriction based on direct business risks.

Healthcare

Doctors, dentists, and mental health professionals often face non-competes ranging from 6 months to 2 years, typically based on patient retention or referral patterns. However, courts are cautious about anything that restricts patient access to essential care.

Sales and Marketing

If your role involved managing long-term accounts or client relationships, you might see non-competes that span 6 to 12 months. These may be enforceable if they’re narrowly tied to specific clients or territories.

Media and Creative Professions

Writers, producers, designers, and other creatives usually encounter shorter non-competes—3 to 6 months, if any. Courts in New York are hesitant to enforce lengthy restrictions that limit creative professionals from working or building their brand.

To sum it up:

• 12 months is often the upper limit of what’s considered reasonable.
• More than 2 years typically raises red flags unless the company can show extraordinary business interests.
• Restrictions must be tailored to specific roles, client relationships, or confidential knowledge, not blanket industry bans.

How Courts Evaluate Duration in Non-Compete Agreements

A contract doesn’t automatically make a restriction enforceable. In New York, judges scrutinize non-competes to ensure they serve a legitimate business interest and don’t unfairly restrict an individual’s ability to earn a living.

Here’s what they consider when the time frame seems excessive:

You didn’t handle confidential business information

If your role didn’t involve access to sensitive strategies, internal data, or protected customer relationships, a long-term restriction is rarely enforceable.

There’s no clear reason for the length

A 24-month ban with no explanation doesn’t sit well with courts. Employers must show why that amount of time is necessary to protect their interests.

You’re being kept out of your entire industry

Broad restrictions that prevent someone from working anywhere in their field are almost always rejected unless they’re incredibly well-justified and narrowly written.

You were let go or laid off

If you didn’t leave your role voluntarily, courts are far more skeptical of enforcing long non-competes. 

No geographic limits are defined

When a non-compete applies across the state, country, or even globally - yet the business only operates in a single region - the clause becomes highly questionable.

Under New York’s “blue pencil” rule, courts can reduce the scope or length of an overly broad non-compete rather than voiding it entirely. Having a business dispute resolution lawyer on your side ensures that you’re not stuck with more restriction than the law actually supports.

How to Push Back Against an Unreasonable Time Limit

You don’t have to accept the agreement as-is. Whether you’re reviewing an offer or trying to break free from a job that’s no longer serving you, you’ve got room to negotiate.

Here’s how to approach it:

Ask for justification. Employers should be able to explain why a specific time frame is necessary. If they can’t, it’s worth pushing for a shorter and more targeted term.

Offer a reasonable counter. Suggest a 3- or 6-month non-compete that applies only to direct competitors or existing clients. Most companies care about short-term client relationships, not long-term career shifts.

Request financial support. If you’re expected to sit out a year, ask for compensation. Severance or salary continuation during the restriction period isn’t out of the question and can level the playing field.

Be specific about how it impacts you. Explain how the restriction would limit your ability to take new roles, support your family, or stay active in your field. This isn’t about emotion. It’s about real-world consequences.

Work with an attorney. If you feel the terms are too broad, a lawyer who understands breach of contract claims and commercial lawsuit representation can help revise the agreement or build a case to contest it.

Keep in mind:

• Specific, tailored requests are more likely to be accepted.
• Negotiation is part of the process; you’re not expected to sign without review.
• Legal help can uncover better options than walking away or giving in.

Why Time Matters More Than You Think

A non-compete that lasts too long doesn’t just delay your next move, it can throw off your income, professional growth, and long-term plans. In fast-paced industries, being sidelined even for six months can mean missed opportunities, outdated skills, and lost clients.

If you're staring at a non-compete clause that seems excessive, ask questions. Don’t assume it’s enforceable just because it’s in writing. Whether you're dealing with an old employer, a startup, or a former partner, a trusted partnership dispute attorney can help you challenge unfair terms.

You Deserve Room to Grow. Horn Wright, LLP, Can Help

Our commercial litigation lawyers at Horn Wright, LLP, help professionals across New York stand up to non-compete agreements that go too far. 

Our legal team specializes in non-compete agreements and know how to challenge overly restrictive terms, negotiate fair outcomes, and support your next move. As one of the best law firms in America that are committed to protecting people’s rights, make sure your agreement doesn’t stand in the way of your career. 

If you’re ready to get started, contact our office to schedule your complimentary case review. Let's do the job right, so you can move forward with peace of mind.