As any employment practitioner is aware, the granting of injunctive relief with respect to the enforcement of a restrictive covenant is far from automatic. Thus, it is critically important that the corporate practitioner draft a restrictive covenant to reflect the requirements set forth in New Jersey Law if there is to be any chance of later enforceability. Restrictive covenants with certain parameters, for example, between two and five years, and less than 20 miles are generally enforceable. Most others are generally too broad to be enforceable depending on the industry and circumstances.
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