Many of these seemingly intimidating contracts are all barks, not bites. Not all of them are enforceable. Here are some ways to get out of your non-competition clause. Does the agreement prevent you from doing a very different type of work than you did? If an injunction is issued by the court, it is a remedy that may prevent you from working as a worker. It may lead you to lose your ability to be employed in violation of the agreement, not to compete during the period set by the court. It may take months or years before the court finally decides whether the non-compete obligation signed by the worker is actually applicable or not. Of course, most employees can hardly wait months or years without the ability to earn a living, so in most cases, the T.R.O. hearing is effectively the trial. Or, if you have acquired certain confidential knowledge that you would inevitably use for your new employer in the course of work, a court may consider it a legitimate reason to maintain a non-competition clause. Non-competition rules should impose certain types of work. For example, if you have had access to trade secrets, confidential business information, or exceptional training, it may be more difficult to reject the agreement. However, if these things don`t apply to your profession, it`s possible that you can withdraw from the contract with some legal assistance. There are at least eight different points on which you can challenge a non-competition clause with a high potential for waiver or the agreement that it is not enforced by the employer.
Probably not. Most courts have held that an employer who engages in an illegal activity resulting in the dismissal of a worker cannot impose a non-compete agreement against the worker who has resigned for that reason. Legally no, but it may tell you that the employer does not consider the cost and risk of trying to enforce the agreement worth it. It may also be that the employer has decided that the agreement is unlikely to be enforceable anyway. Unfortunately, this is not a guarantee that the employer will not try to impose it in your case. Before you deliberately decide to violate a non-compete clause to which you are subject, speak to a lawyer who can come to the top of the agreement with you and help you evaluate an appropriate approach. Since prohibitions of competition limit a person`s ability to earn a living, many States have taken measures to discourage it. Several state lawmakers, including Florida, have recently changed their laws to make it more difficult to enforce the agreements. . . .