Q&A

Can you ask a candidate if they have a non-compete?

Can you ask a candidate if they have a non-compete?

Employers should be asking potential employees and even independent contractors whether they previously signed a non-compete/non-solicit agreement. a non-disclosure agreement; and. an anti-raid provision.

What should I know before signing a non-compete agreement?

Before signing a non-compete agreement, learn about the laws regulating non-compete agreements in your state. Then, read the agreement (and the rest of your contract) in full. If possible, consult with an employment lawyer who can tell you whether there are any provisions that are far outside of legal norms in your state.

What to do if you break a non-compete?

If you are weighing a job transition, or your ex-employer is threatening non-compete litigation, we can help. Contact the firm for a free consultation at (540) 585-1776.

What happens in a dispute over a non-compete contract?

In a dispute involving a non-compete contract, the court will usually try to determine if the terms of the contract are reasonable. If your employer presents you with a non-compete agreement and you decide to sign the contract, you are promising not to compete against your employer once your employment ends.

Is the non-compete clause unenforceable in California?

Noncompete clauses are unenforceable in some states such as Oklahoma and North Dakota, whereas in California, for example, employers who require a non-compete clause can even be sued. Before signing, research the laws in your state.

Before signing a non-compete agreement, learn about the laws regulating non-compete agreements in your state. Then, read the agreement (and the rest of your contract) in full. If possible, consult with an employment lawyer who can tell you whether there are any provisions that are far outside of legal norms in your state.

What makes a non-compete agreement enforceable in New York?

A non-compete is only allowed and enforceable to the extent it (1) is necessary to protect the employer’s legitimate interests, (2) does not impose an undue hardship on the employee, (3) does not harm the public, and is reasonable in time period and geographic scope(4) .

If you are weighing a job transition, or your ex-employer is threatening non-compete litigation, we can help. Contact the firm for a free consultation at (540) 585-1776.

In a dispute involving a non-compete contract, the court will usually try to determine if the terms of the contract are reasonable. If your employer presents you with a non-compete agreement and you decide to sign the contract, you are promising not to compete against your employer once your employment ends.