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Can a home care agency make caregivers sign a non-compete in New Jersey?

Last verified October 17, 2026 · All New Jersey resources

Generally enforceable if reasonable. New Jersey has no general non-compete statute. Courts enforce a covenant that protects a legitimate business interest, such as customer goodwill or confidential information, does not unduly burden the employee, and is not injurious to the public. Courts may narrow an overbroad covenant. There is no wage threshold or caregiver carve-out.

Status Generally enforceable if reasonable

What about a client hiring your caregiver directly?

That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.

What should you confirm?

Based on a law firm survey of New Jersey case law. Bills to restrict non-competes have been introduced but none had been enacted as of the survey date (July 2026).

General information, not legal advice.

Sources

More for New Jersey

Non-compete rules by state: other states

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