Yes, a non-compete in New Jersey is legally enforceable if it follows the “Solari/Whitmyer” test:^[1][2]

1. Simply protects the legitimate interests of the employer;
2. Imposes no undue hardship on the employee; and
3. Is not injurious to the public.

A licensed psychologist is exempt from entering any agreement that prohibits clients from being able to see their preferred therapist of choice.^[3]

A licensed attorney cannot participate in offering or making an agreement that restricts their right to practice law after employment termination.^[4]

A “legitimate interest” can be described as:^[5]

• Customer relationships;
• Trade secrets; and
• Confidential business information.

For customer relationships, there must be evidence that “a significant investment of time, effort and money which is worthy of protection.”^[6]

However, the New Jersey Superior Court has recently limited the protectable employer’s customers to those only an employee had direct contact with, not all the employer’s customers.^[7]

Blue penciling is allowed and lets a court modify and enforce a non-compete to the extent reasonable under the law.

The term “blue pencil[ing]” refers to a court’s modification or tailoring of a restrictive covenant.^[7]