If your employer (or your position with the employer) does not fit within the above categories, then the non-compete may not protect a legitimate business interest and therefore may not be enforceable.ĭoes The Non-Compete Place An Undue Hardship On You, The Employee? These relationships must be somewhat personal and extended simply knowing the clients is not enough. Where the employer has near-permanent customer relationships and where, but for their employment, former employees would not have had contact with the customers in question – for example, doctors’ and physicians’ offices.Where former employees acquired trade secrets or confidential information through employment and subsequently attempted to use it for their own benefit or.In general, there are two categories of potentially protectable legitimate business interests that support upholding a non-compete: Must not place “undue hardship” on the employee andĭoes The Non-Compete A “Legitimate Business Interest” Of The Employer?Ī non-compete must be the best and most narrow way of protecting the employer’s interest.Must protect a “legitimate business interest” of the employer.In the eyes of the law, this means that it: For a non-compete agreement to be enforceable, it must first be reasonable. Fortunately for you, courts have recently limited the power of non-compete agreements to protect employees’ rights, making it possible (though not guaranteed) for you to get out of your non-compete. According to the agreement you signed, you cannot go work for competing businesses if you leave your job. Many contracts contain a provision called a “non-compete” or “restrictive covenant.” Maybe you glossed over it when you started your job, but when you decide it’s time to look for another gig, a non-compete can limit your options.
How can I get out of my non-compete agreement?
How to Get Out of a Non-Compete Agreement
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