5 Lawful Ways To Exit A Non-Compete Agreement
First thing first, what is a non-compete agreement? Simply put, it is an agreement in which you agree not to enter into or start a similar profession or trade against another party.
An employer will usually sign this agreement with you, so they do not have to worry about their employees leaking trade secrets. These agreements are signed at the beginning of professional relationships as a precaution.
When you leave your employment, a breach of contract lawyer will help you if you need to exit your non-compete agreement. With this, it’s important to choose the right lawyer, so look for a legal professional that specializes in this particular employment law matter.
We have listed five legal ways you can terminate a non-compete agreement.
Prove Breach Of Contract By Your Employer
Breach of contract can be pursued if your employer has failed to meet their contractual obligations; this can include failure to fulfill duties such as compensation, insurance, or benefits.
If one party breaches the contract, the contract is considered void. You are no longer liable to complete your commitments. If you are unsure of what your agreement requires, it is in your best interest to have an attorney go through it line-by-line for you.
Clause breaches are a common mistake employers make with non-compete agreements.
The Agreement Is Unreasonably Long
Companies are entitled to defend their interests for a reasonable period; however, contracts that demand an unreasonable time will be regarded as invalid. The organization will need to demonstrate that the period is rational.
Any period over two years is difficult for a company to prove reasonable; this does mean that judges can find a period of up to 2 years to be valid.
The Confidential Information Is Available To The Public
If an organization claims that the information they deem confidential is readily available to the public, the non-compete can be deemed nonbinding. Many companies get their leads from publicly available sources.
Existing customers or unique content is protected. An employer will need to prove that their information is not publicly available.
If The Non-Compete Places Hardship On The Employee
A non-compete agreement must be geographically limited. If a non-compete agreement prevents you from obtaining work because the contract is national, it may be deemed unenforceable.
If you experience undue hardship because the scope of the agreement is too large, the contract will be invalid.
The Agreement Violates Public Health And Safety
This example is primarily the case with doctors and nurses. If, for instance, there s a shortage of qualified professionals in an area, an organization cannot pursue a non-compete.
It would be reckless of your previous employer to prevent you from saving lives if you were one of ten people in the country who could execute a treatment.
In cases where a restriction is contrary to public policy, the courts are entitled to declare it unreasonable.
If you are in doubt about the validity of your non-compete agreement, you should get an attorney to check it out before making any commitments. If you are on good terms with your previous employer, consider asking for a release.
Disclaimer:
Ms. Career Girl does NOT give legal advice. This article is for information only. You should consult an attorney for legal advice in your situation.
