How to circumvent your non-compete agreement?
To avoid your non-compete, you are going to need expert legal advice. Oftentimes, the employer doesn’t know how their own non-compete agreement is even drafted. What they’re primarily concerned about in many instances are the customers who you gained access through employment or brought with you when you came to work for the employer.
What do you need to know about a non-compete clause?
Typically, the non-compete clause will describe conditions under which the clause may be enforced. These include: Timeframe: How long is the non-compete clause in effect? Clauses that extend beyond two years are less likely to hold up in court. Area: In what geographical region does the non-compete clause apply?
Can a non-compete letter be sent to a new employer?
A good non-compete attorney will tell you that it is better to be proactive in these matters rather than making a commitment to a new employer and having a violation of non-compete threat letter be sent to both you and your new employer as you’re trying to start your new employment.
Can a non-compete clause be sued in California?
Laws about non-compete litigation vary significantly between states. 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. How enforceable is a non-compete clause?
How to get out of a non-compete agreement?
If you are the employee and you have signed a non-compete agreement, the first question that you always have is how to get out of this non-compete agreement.
When do you have to sign a non-compete form?
You might be confronted with a new non-compete form by your current employer when receiving a raise or promotion. Or you might be asked to sign one in order to get severance if you’re fired.
Typically, the non-compete clause will describe conditions under which the clause may be enforced. These include: Timeframe: How long is the non-compete clause in effect? Clauses that extend beyond two years are less likely to hold up in court. Area: In what geographical region does the non-compete clause apply?
What to do if you sign a noncompete?
Since it’s legally binding, have an employment attorney review the noncompete prior to signing. If possible, ask for modifications. Bonnist says success in narrowing a noncompete when you get hired depends on your negotiation leverage.