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Tag Archives: employee choice doctrine

Comply or Lose: New York Affirms Enforcement of Non-Compete in Rescission Action for Employee Equity Grants

Posted in Non-Compete Enforceability, Practice & Procedure

By Marcus Mintz

A New York Supreme Court recently affirmed the viability of the “employee choice doctrine” in a rescission action involving employee equity grants.  See Lenel Systems Int’l., Inc. v. Smith, 106 A.D. 3d 1536, 966 N.Y.S.2d 618 (N.Y. App. Div. 2013).  The “employee choice doctrine” arises when an employee has a choice between complying with post-employment obligations, … Continue Reading