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Restrictive covenants come in several forms such as confidentiality agreements, covenants not to compete (non-competition agreements), and non-solicitation agreements. Generally, these agreements are enforceable in New Jersey. However, the enforceability of these agreements varies depending upon the conduct that the employer wants to restrict and the manner in which they intend to restrict the conduct.

Gone are the days when job ads in New Jersey read that NO UNEMPLOYED CANDIDATES WILL BE CONSIDERED.

It is no longer lawful for New Jersey employers to advertise that unemployed job applicants will not be considered for a vacant position. Last month, Governor Christie signed legislation prohibiting discrimination against the unemployed in both print and internet advertising or job postings. The legislation is the first of its kind in the United States.

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