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Friday, January 13, 2017
8:00-10:30 a.m.
Hotel ML, Mt. Laurel
| Please join us to hear from the state's economic development leaders for an update on New Jersey's coordinated efforts in business attraction, retention and expansion. |
Michele Brown
President & CEO
Choose New Jersey
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Melissa Orsen
CEO
New Jersey Economic Development Authority
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Lauren H. Moore
Executive Director
NJ Business Action Center
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Legislative Reception
Wednesday, January 18, 2017
5:00 - 7:00 p.m.
Trump National Golf Club, Pine Hill
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Meet the Policymakers
Featuring Lieutenant Governor Kim Guadagno
Friday, January 27, 2017
11:30 a.m. - 1:30 p.m.
Crowne Plaza Cherry Hill
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CCSNJ VIP Reception at "Walk to Washington"
Thursday, February 16, 2017
4:00 - 6:00 p.m.
Marriott Wardman Park Hotel, Washington, D.C.
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Congressional Action Committee
Featuring Congressman Donald Norcross
Monday, February 27, 2017
8:00 - 10:00 a.m.
The Mansion on Main Street, Voorhees
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Should You Hire That Great Applicant with
the Non-Compete?
By Douglas Diaz, Esq.
Partner
Archer Law
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We often receive calls from employers advising that they want to hire a new employee (from a competitor of course) who is the best thing since sliced bread but he has this non-compete agreement. The first question is usually: "that's not enforceable, right?" The seemingly useless lawyer answer of "it depends" is just the starting point. The more practical issue is will your company get sued if you do hire this person, and will you have to spend valuable time and money in determining if the non-compete is enforceable or not.
Contrary to the belief of some, non-competition agreements can be enforceable, although they are restricted in a few states such as California, North Dakota, and Oklahoma. In other states such as New Jersey and Pennsylvania, the general rule is that enforceability requires a showing that the agreement is (1) necessary to protect the employer's legitimate interests, such as to protect confidential information or client relationships; (2) will not cause an "undue hardship" on the employee; and (3) does not cause any public harm. These are very fact sensitive factors and judges will differ on their application, with some judges enforcing these agreements. So, there is significant risk in moving forward with the hire. These risks include the following:
- Tortious Interference with Contract Claim. In a lawsuit for tortious interference with contract, the prior employer will argue that the new employer knew of the agreement but still hired the employee anyway, thereby causing interference (or once it became aware of the agreement, it continued to employ the employee).
- Legal Fees. Who's Paying? Even if not sued, is the new employer paying the legal fees for the employee when he is sued?
- Conflicts of Interest. If both the employee and new employer are sued, they may each need their own independent lawyer based on potential conflicts of interest between the two. This, in turn, will increase the legal fees, as well as potential tension or distrust between the two.
- Vicarious Liability of New Employer. Vicarious liability or "respondeat superior" is a doctrine that holds that an employer is liable for the wrongful acts of its employees committed within the scope of their employment. Consequently, if the new employer proceeds with the hire and it turns out that new employee has also been using confidential information for the benefit of his new employer-even without new employer's knowledge-the new employer can be liable for this as well.
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Kelly D. Johnston
Chairman
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Chaired by Kelly D. Johnston, Vice President of Government Affairs at Campbell Soup Company, the Congressional Action Committee
features members of the region's Congressional delegation and U.S. Senate at meetings throughout the year.
Next Meeting: Monday, February 27, 2017
8:00 - 10:00 a.m.
The Mansion on Main Street, Voorhees
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NETWORK CONNECTION LUNCH
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NETWORK CONNECTION BREAKFAST
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NETWORK CONNECTION LUNCH
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January 12
11:45 a.m. - 1:30 p.m.
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January 19
8:30 - 10:00 a.m.
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January 26
11:45 a.m. - 1:30 p.m.
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Interested in sponsoring this series?
Contact Meredith Lorrilliere for sponsorship opportunities at
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January 12
The ChopHouse
January 13
January 18
January 19
Harvest Seasonal Grill
January 26
Filomena Lakeview
January 27
February 16
February 27
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Robert Monaco
Business Director
Garden State Incentives Group
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I believe that there are two things to focus on for newer networkers: getting involved and making an impression.
So, how do you get involved if you don't know anyone at a particular networking event?
There are many ways to get involved, but the here are two simple ones. First, position yourself by the drink area: nine times out of ten, someone will start a conversation about needing their morning coffee or an adult drink after a long day. That's is your opening to introduce yourself and start a conversation.
The other is to scan the room and seek out a person who is standing or sitting alone and walk up and introduce yourself. The other person, who was previously alone, will be grateful that you came over.
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Commexis is an advertising agency that blends seamlessly with your internal team to create ROI-focused marketing strategies for your brand.
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Imagine being able to assist local charities by doing something as simple as offering your employees access to beverages in your facility. Coca-Cola, in partnership with CCSNJ, offers members access to the Vend4Cause program. Vending machines and/or coolers supported by Coca-Cola can be placed in your business and a portion of every dollar spent is given to a charity of your choice. For more information click here.
Contact:
Ashley Merryman at Charity Changer at (816) 787-7400 or
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Boraie Development broke ground this month on The Beach at South Inlet in Atlantic City, an $81 million residential complex that is the first market-rate apartment project to go up in the city in decades.
Some would say the story surrounding The Beach at South Inlet is not about the amenities, but the fact it is being built in the first place. Conventional wisdom says Atlantic City is not a place where developers want to build.
Boraie disputes that. It's the reason why the New Brunswick-based company, which also is moving forward with a market-rate apartment complex in Newark, is betting on Atlantic City.
NJBIZ asked Boraie to break down five myths about doing business in Atlantic City. Click here to read the conversation.
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