Non-Compete Employment clause

BrotherVoodoo

Does anyone know anything about Non-Compete clauses and getting out of them? Is this possible, is it hard?
I signed one when I started a job and it is 24 months long. I was hoping to get out of it if possible.

Jasconius

Probably not. They are there for a reason.

Asking for them to drop the clause is basically an ultimatum to your employer al a "either drop it, or I am going to break it and/or quit".

Unless you have a unique situation that you think could an exception could be made for, but it doesn't sound like you think that. Typically it means friends/family type stuff.

Eat it You Nasty Pig.

Sounds like you really need to talk to an experienced lawyer and see if there's anything specific to your situation to fall back on.

kaliyama

This is an area of law that's highly state dependent, and the extent of which an agreement is enforceable is fact dependent. For example, california really hates non-compete clauses, but trade secret law may still limit what you can do depending on your actual role in the company. Definitely consult an attorney. Written noncompete clauses routinely overreach the law so whatever is written down on paper may be way more restrictive than what they can enforce.

Kalkino

Non compete clauses vary in their effectiveness - and depending on your jurisdiction the term listed may not be strictly enforceable. If this was the UK I would say anything past 12 months would be pushing it.

However your employer, if a jerk, might well be able to cause you trouble all the same, as a threat of an injunction might nix a future job.

So yes, go see a lawyer in your country/state before you do anything

EggyToast

Yeah, it fully depends on what the contract actually says, and what your position in the company was, and the job you're planning on taking.

If it's shit like "Cannot work in anything involving anything the employee did for us ever," despite it being your training, yeah that doesn't usually hold up in court. If you were involved in special projects and move to another company that works on those kind of projects, there might be a case.

These are also largely dependent on the amount you were paid and how entrenched you were in the company, as well as just how much money the projects you worked on are worth. Essentially all non-compete contracts allow the employer to sue for damages, which doesn't prevent you from taking a new job.

Which is a long way of saying you should get a hold of your contract, actually read it, and then call up a lawyer if you have specific questions regarding the contract. If you have specific questions regarding nuances and scope of the contract, you could potentially bring them up with the HR department, and if you're dissatisfied with their answers, then bring it to a lawyer.

Niceguy Myeye

Yeah, I had a friend who got out of a non compete clause to do the exact same thing for a competitor simply because the clause was overly broad. The clause said that he couldn't work in any computer related field for 2 years after stopping and he had a degree in computer science.

So even if you are going to do the same stuff, you can lawyer you way out of it sometimes. I'd second Eggy's advice of getting a lawyer.

Psychotic One

The type of non-compete clause I'm in simply states that I can't work in a related work field during my employment with out first getting it approved by my HR department. If its a personal buisness venture that doesn't directly compete with your employer I would talk to the HR department about it and they could probably explain how it works in details and can probably get you a notorized statement that your venture is approved by the company so there wont be any legal recourse.

If you left the company then its a matter of how long the contract stays valid. I think mine last 30 days after my termination of employement but YMMV depending on what your contract wording says.

SatanIsMyMotor

What do you do? That might give some more insight into what your non-compete likely looks like.

vonPoonBurGer

SatanIsMyMotor wrote: »

What do you do? That might give some more insight into what your non-compete likely looks like.

This, plus how similar are the old job and the new job? I'm an Oracle DBA working for a company that sells ballistics identification technology to law enforcement agencies. If I were to leave this company and go to another company that also sold equipment & service to law enforcement agencies, but not ballistics stuff, probably Ok. If I were to leave my employer to do DBA work supporting a ballistics-related product for a direct competitor... bigger problem.

CrystalMethodist

Where are you? In California, for example, they're almost never enforceable. You should look at state laws and see what's up.

Andrew_Jay

Very generally it's an issue of time, geography and extent of the prohibition, and whether these restrictions are sufficiently reasonable, unambiguous and certain to offset the restrictions on liberty and trade (which the law does not like). If anything in the clause is vague or unclear, that uncertainty should go in your favour.

Beyond that, as everyone has said, it is very location specific and depends on what the courts have said in your jurisdiction.

You could consult a lawyer, but before that (and in preparation for finding and consulting a lawyer) look at the websites of labour and employment firms in your area - many will sometimes post guides or commentaries that might be able to help you answer your question.