How to Void a Non-compete Contract in Kentucky
Voiding a non-compete contract in Kentucky requires one of two things. Another contract between the same parties can revoke the non-compete. For instance, a former employer might sign something releasing you from non-competition. The second possibility is to obtain a judgment that voids the contract. Usually, the best strategy is to ensure no one has grounds to enforce the contract in any Kentucky court. Other state courts are unlikely to uphold or enforce a Kentucky non-compete contract. If you are concerned about a lawsuit, consult a Kentucky attorney.
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Instructions
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Work around the geographic limitations. If a non-compete contract does not include a geographic limitation, in almost instances, the Kentucky courts will not enforce the contract. This is the simplest solution. If there is a geographic limitation, choose an employment offer that comes from outside the geographic limitation, whether this means working remotely or with clients that do not fall within the geographic scope.
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Make yourself available to offers. Non-solicitation is a large part of a non-competition clause. If this is the main prohibition of your contract and you don't solicit employment, the Kentucky courts cannot enforce the contract against you. Use Linked In, Facebook or networking events to talk about your availability in a way that does not directly request consideration for a certain job. Essentially, if a competing company wants you to work for it, that business has a right to solicit you. Your acceptance is only subject to the language of the contract.
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Work outside your former employer's established direct interests. If you take work that cannot reasonably be determined as competitive at the time of the contract, the contract may not be valid. For example, if you are a graphic designer, it is not reasonable for an employer to limit your work options for two years as within this time frame, the nature of your work changes drastically because of technology. The employer cannot know with full certainty that its interests will align with technology that hasn't been invented yet, so it can't say you are competing. Kentucky courts will usually void this kind of unreasonable restriction.
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Get a judgment against your former employer for breach of the employment contract. If the non-compete contract was part of an overall employment contract and part of it was breached by your former employer, you can sue for breach of contract. In this case, you may ask as part of your remedy that the contract be voided entirely. Examples of breaches include failure to pay a contracted amount, failure to provide necessary work materials with expenses incurred to you or failure to provide a safe, non-hostile work environment.
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Tips & Warnings
Always consult with an attorney licensed in the state for matters pertaining to Kentucky law.
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