How to Get Around a Non Compete
Imagine you're a scientist and start working for a pharmaceutical company. During your time at the company, you learn the secret formula behind a lucrative new drug the company has developed. Then, a competing pharmaceutical company offers you a job for more money with the hopes of tapping into your knowledge to create a competing drug. This is the kind of scenario a non-compete agreement is designed to prevent by restricting where you can work for a set period of time after you leave a job. Signing a non-compete may seem reasonable when you are being hired for a job, but the agreement can become obstructive when it is time to move on in your career. If a non-compete is tying your hands, the good news is that you may be able to get around it.
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Instructions
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Review your agreement so you understand the restrictions. Most non-compete agreements restrict you from doing work in a specific geographic region for a specific amount of time. If the new work you want to do isn't covered by a non-compete agreement, then the agreement is irrelevant to you.
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Look for a loophole. Although non-compete agreements are legally enforceable, the structure of some agreements make them null and void. According to employment law attorney Donna M. Ballman, if your non-compete clause restricts your employment for more than two years or if you can prove either your work for the company didn't make you privy to any trade secrets/protected practices (for instance, if you were a secretary for a pharmaceutical company) or that the processes they are trying to protect are public knowledge, then your agreement may be unenforceable. Further, if your non-compete was part of your entire employee contract rather than an separate agreement, the contract and the non-compete clause may be void if any part of your employment contract was breached, such as compensation, work hours or benefit promises. Use any of these loopholes to negotiate your way out of the non-compete with your employer.
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Hire an employment law attorney. If you can't amicably get out of your non-compete agreement with your former employer, an attorney may be able to help you fight the contract. Your state bar association can help find a lawyer who specializes in employment law. An attorney can help you find loopholes in the contract you may have missed and can represent you in court should you decide to legally challenge the non-compete.
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Tips & Warnings
Non-compete contracts are legally binding agreements. If you attempt to ignore the contract and violate its terms, you may be sued by your former employer.
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