Termination & Non-Compete Agreements

Trapped by a Non-Compete After Being Fired? You Deserve a Way Out.

You didn’t walk out the door. You were pushed. And now they’ve got the nerve to block your next move? That’s personal. Getting fired hits hard. Then being told you can’t work in your field because of a contract you barely remember signing, that’s enough to make anyone feel stuck. If you’re in that spot, you’re definitely not the only one. Wrongful termination attorneys hear stories like yours all the time, hardworking professionals who got sidelined and just want their careers back.

Horn Wright, LLP, attorneys stand against employers who try to bury people in paperwork, hoping they’ll back down. While New York still allows non-competes in some cases, other states like Maine, New Hampshire, and Vermont have moved to cut them out, especially when they unfairly target everyday workers. If your career’s on pause because of a contract, we’re ready to challenge it.

Fired... and Shackled? Employers Know Exactly What They're Doing

When you hear “non-compete,” maybe you picture a high-level exec hopping over to a rival. But here’s what they don’t tell you: these contracts show up in all kinds of roles. And plenty of folks who never left voluntarily are stuck under their weight.

Some companies put them in front of you on day one, tucked in with your tax forms and training documents. Others wait until you’re months in. Either way, they’re counting on you not questioning it. These contracts usually say you can’t take a similar job in a certain location for a set period of time. Could be six months. Could be a year. Could be longer.

If you were dealing with sex discrimination before a firing, that contract might just feel like more of the same.

Plenty of employers claim it’s about protecting trade secrets or client lists. But let’s call it what it is, a control tactic. Non-competes are often used to:

• Shut down employees from reporting wrongdoing, which can create an atmosphere where discrimination, harassment, or illegal activity goes unchecked
• Limit your job options and leverage, making it harder to leave toxic environments or seek better, fairer employment
• Keep your wages from rising by preventing you from negotiating freely or switching jobs based on merit

You’re no longer working there, yet they want a say in what you do next? That’s not right. And when you’re also facing wage and hour disputes or unpaid wages, it’s even more overwhelming. For a lot of professionals, this isn’t just about contracts. It’s about power, fear, and holding on to your livelihood.

Signed, Sealed... Invalid? When Non-Competes Fall Apart

A lot of non-competes aren’t nearly as solid as they look. They’re vague. They’re outdated. They were written for someone in a completely different role. And if they’re missing a signature or never updated to reflect what you actually did, that’s a serious flaw.

Some even skip over your responsibilities altogether, especially in cases where the firing followed unequal treatment, bias, or a hostile work environment, paving the way for potential discrimination and retaliation claims tied to how and why you were let go.

So you should watch for red flags like fuzzy or overly broad terms, no dates or signatures, and language that doesn’t line up with your job. New York courts ask tough questions. Was the restriction fair? Was it even necessary?

Lawmakers are starting to step in too. New York Senate Bill S3100A seeks to prohibit employers from entering into non-compete agreements with workers altogether, reflecting growing concerns over how these contracts can be used to suppress employee rights.

Blocked from Brooklyn to the Bronx: Is It Even Legal?

In New York, non-competes don’t get a free pass. Judges take a close look, especially if your firing raised bigger questions, like age discrimination or unfair treatment.

They ask:

• Scope. Is the contract cutting you off from an entire field?
• Duration. A few months might hold. A year or more? That’s a stretch. Some employers mess with job titles or pay classifications to confuse the picture, sometimes leading to overtime violations.
• Geography. A ban across all boroughs? That’s overkill.

Fields like healthcare, media, and finance tend to face stricter scrutiny. Judges want to know that you still have a fair shot at making a living.

And they follow rules. According to the New York Attorney General, a valid non-compete must protect a real business interest, be time-limited, avoid harming the public, and not put an unfair burden on you. If it fails on even one of those points, it’s on shaky ground.

Speak Up, Get Fired... Then What? When Contracts Turn into Cages

Sometimes, this isn’t about trade secrets or competition at all. It’s about retaliation. Maybe you raised concerns about illegal activity. Maybe you just refused to do something shady. Then came the firing and now they’re threatening you with a non-compete.

It ends being about protecting the company and starts being about silencing you.

These agreements get especially toxic when pregnancy discrimination or workplace bias was already in the picture. Here’s what that kind of retaliation might look like:

• Letting you go after you call out wrongdoing - firing someone in response to a complaint or report is a textbook example of unlawful retaliation
• Using a contract to box you in - employers sometimes misuse non-competes to punish workers who’ve spoken up, limiting where they can work next as a form of payback
• Scaring you into silence with threats of legal action - these threats often aim to stop you from reporting discrimination or asserting your rights under state and federal law

You don’t have to accept that. Not for a second. Under New York Labor Law, it’s illegal for an employer to fire or retaliate against you for reporting illegal activity, unsafe conditions, or other forms of serious misconduct. Whether you're dealing with whistleblower retaliation or being targeted in a hostile work environment, you’ve got legal options.

Challenging the Chains: How to Push Back Without Losing Ground

That contract? It doesn’t get the final word.

If you’re being blocked from new work because of a non-compete, you can ask a court to void the contract, push to narrow or shorten the terms, and show that it’s connected to retaliation.

Some people go the legal route before even applying elsewhere. Others work behind the scenes to resolve it quietly. And if wrongful termination played a role, you may have even more ground to stand on.

Keep records. Save emails. Log conversations. If your firing involved workplace favoritism or anything resembling hostile conditions, that context matters. And if severance was discussed, negotiating smart could shift the power right back in your hands.

Still Standing. Still Qualified. Still Yours to Protect.

Getting fired doesn’t erase your talent. It doesn’t cancel your drive. And it definitely doesn’t give a company the right to hold your future hostage. If a non-compete is holding you back, speak up. Talk to the wrongful termination attorneys at Horn Wright, LLP. You’ve worked too hard to let a contract define your next move.