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Create ContractJosefEdwards.JSON #138
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Signed-off-by: Dr. J K Edwards <[email protected]>
WalkthroughA new JSON file named Changes
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Actionable comments posted: 4
🧹 Nitpick comments (1)
.deploy/ContractJosefEdwards.JSON (1)
4-4
: Use semantic versioning for contract versions.Change the version number to follow semantic versioning (MAJOR.MINOR.PATCH).
- "version": 1.0, + "version": "1.0.0",
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.deploy/ContractJosefEdwards.JSON
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- GitHub Check: Summary
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.deploy/ContractJosefEdwards.JSON (1)
71-72
:❓ Verification inconclusive
Verify the non-compete clause duration.
A 3-year non-compete duration might not be enforceable in all jurisdictions. Please verify with legal counsel.
🌐 Web query:
What is the maximum enforceable duration for non-compete agreements in New York?
💡 Result:
New York courts evaluate non-compete agreements on a case-by-case basis rather than applying a fixed maximum duration[1]. While there’s no statutory time limit, enforceability hinges on whether the restriction is reasonable and protects legitimate business interests[1][4][6]. Here’s how duration factors into enforceability:
General Guidelines for Duration
- Typical Timeframes:
- Most courts view 1 year or less as reasonable for standard employees[4][6].
- Restrictions exceeding 2 years are often struck down unless justified by exceptional circumstances (e.g., specialized medical roles)[1][5].
- Industry-Specific Exceptions:
- Non-competes lasting up to 5 years have been upheld for highly specialized roles (e.g., medical professionals with unique skills)[1].
Key Factors Courts Consider
- Legitimate Business Interests:
The employer must prove the agreement protects trade secrets, confidential information, or unique skills acquired during employment[2][6].- Scope and Burden:
- Geographic restrictions and job duties must align with the employer’s operational reach[2][6].
- Overly broad restrictions (e.g., global bans for local businesses) are invalid[4].
- Public Harm and Employee Hardship:
Agreements that severely limit an employee’s ability to work or harm public interests (e.g., restricting healthcare access) are unenforceable[2][6].Recent Legal Trends
- A proposed 2023 law sought to ban most non-competes in New York but was not enacted[3][7]. Current law still applies: pre-2023 agreements are evaluated under traditional standards[3].
- Courts may modify overly long agreements by shortening them (e.g., reducing a 3-year restriction to 1 year) rather than voiding them entirely[4][9].
In summary, while 1–2 years is common for enforceable agreements, courts prioritize balancing employer protections with employees’ rights to work. Employers must tailor restrictions narrowly to survive legal challenges[1][4][6].
Citations:
- 1: https://www.jonathancooperlaw.com/video/how-long-can-a-non-compete-last-under-new-york-law-.cfm
- 2: https://www.ottingerlaw.com/blog/non-compete/defeating-non-competition-agreements/
- 3: https://www.lawmirza.com/blog/know-your-rights-are-non-solicit-non-compete-agreements-enforceable-in-new-york-city/
- 4: https://hkm.com/new-paltz/non-compete-agreements/
- 5: https://katzmelinger.com/understanding-non-compete-agreements-what-is-a-non-compete-and-can-it-be-enforced-if-i-am-fired/
- 6: https://www.chugh.com/news/are-non-compete-agreements-enforceable-in-new-york?%2Fare-non-compete-agreements-enforceable-in-new-york
- 7: https://nysba.org/new-yorks-new-approach-to-noncompete-agreements/
- 8: https://nysba.org/app/uploads/2020/02/Galler.pdf
- 9: https://www.jonathancooperlaw.com/library/when-new-york-courts-may-actually-extend-your-non-compete.cfm
- 10: https://www.whitecase.com/insight-our-thinking/non-competes-if-you-cant-use-them-there-can-you-use-them-anywhere-what-new
Verify the non-compete duration with legal counsel
Based on current legal guidelines for New York, standard non-compete agreements for ordinary roles are typically enforceable for about 1–2 years. A 3-year duration may be considered excessive unless there are exceptional circumstances that justify it. Please ensure that this extended period is legally sound for your particular context by consulting with legal counsel.
"name": "Josef Kurk Edwards", | ||
"title": "Principal Architect", | ||
"address": "6389 W Appomattox Ln, Homosassa, FL 34448", | ||
"dob": "June 11, 1995" |
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Security Risk: Remove PII from the contract file.
Personal Identifiable Information (PII) such as home address and date of birth should be stored in a secure HR system, not in version control.
Remove or redact sensitive information:
"name": "Josef Kurk Edwards",
"title": "Principal Architect",
- "address": "6389 W Appomattox Ln, Homosassa, FL 34448",
- "dob": "June 11, 1995"
+ "address": "[REDACTED]",
+ "dob": "[REDACTED]"
📝 Committable suggestion
‼️ IMPORTANT
Carefully review the code before committing. Ensure that it accurately replaces the highlighted code, contains no missing lines, and has no issues with indentation. Thoroughly test & benchmark the code to ensure it meets the requirements.
"name": "Josef Kurk Edwards", | |
"title": "Principal Architect", | |
"address": "6389 W Appomattox Ln, Homosassa, FL 34448", | |
"dob": "June 11, 1995" | |
"name": "Josef Kurk Edwards", | |
"title": "Principal Architect", | |
"address": "[REDACTED]", | |
"dob": "[REDACTED]" |
"wallets": { | ||
"bitcoin_wallet": "35eNZo1A2RTWKkiFVCjxJeYdhUCVBSVL4d", | ||
"cosmos_wallet": "cosmos1erfvxk96wdjcure56lx5awqulhy3fk3vnwg0rd" | ||
} |
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Security Risk: Remove wallet addresses from the contract.
Wallet addresses should be managed separately from the employment contract for security reasons. Consider using a secure key management system.
Remove the entire wallets
section:
- "wallets": {
- "bitcoin_wallet": "35eNZo1A2RTWKkiFVCjxJeYdhUCVBSVL4d",
- "cosmos_wallet": "cosmos1erfvxk96wdjcure56lx5awqulhy3fk3vnwg0rd"
- }
📝 Committable suggestion
‼️ IMPORTANT
Carefully review the code before committing. Ensure that it accurately replaces the highlighted code, contains no missing lines, and has no issues with indentation. Thoroughly test & benchmark the code to ensure it meets the requirements.
"wallets": { | |
"bitcoin_wallet": "35eNZo1A2RTWKkiFVCjxJeYdhUCVBSVL4d", | |
"cosmos_wallet": "cosmos1erfvxk96wdjcure56lx5awqulhy3fk3vnwg0rd" | |
} |
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