How do I fight a non compete agreement?
Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.
Can you sign a non compete agreement with a former employer?
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. In addition to preventing you from signing an employment contract with a competitor of your former employer, non-compete clauses can prevent you from:
Is it possible to void a non-compete contract?
Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
What makes a non-compete agreement enforceable under the law?
For a non-compete agreement to be enforceable, it must first be reasonable. In the eyes of the law, this means that it: Does not violate public policy. Does The Non-Compete A “Legitimate Business Interest” Of The Employer?
Can a company restrict you from working for a competitor?
If your employer only operates in a single state, for instance, it would be unreasonable to restrict you from working for a competitor that does not operate within that state.
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. In addition to preventing you from signing an employment contract with a competitor of your former employer, non-compete clauses can prevent you from:
Voiding a non-compete contract is possible in certain circumstances. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
For a non-compete agreement to be enforceable, it must first be reasonable. In the eyes of the law, this means that it: Does not violate public policy. Does The Non-Compete A “Legitimate Business Interest” Of The Employer?
When to sign a non-compete agreement with student loans?
Suggest that you sign a non-disclosure agreement but without the geographic limitation. Or you might argue to shorten the time period, for instance, by pointing out that with your student loans, you can’t afford to be out of work for six months, but a six- to eight-week period seems fair.