Non-Compete Clause: How to Escape from Them
Do you feel trapped by a non-compete clause? Is there a job you want but feel chained to your current employer due to a non-compete clause. You are not alone.
Non-Compete clauses have been overused and abused. More cases are being filed challenging the validity of non-compete clauses. And employees are winning more of these cases. This video provides three examples of arguments that have been used to defeat non-compete clauses.
The tide is turning against the use of non-compete agreements. Here are a few articles discussing the trend.
- Wall Street Journal
- Inc. – The Case Against Non-Compete Agreements
- See our main page on non-compete agreements.
Transcript of video:
Hi, I’m Robert Ottinger. I’m an employment lawyer, and I’ve been representing employees for over 15 years. Many of our clients come to us because they want our help getting out of a non-compete agreement that’s keeping them from going to the job they want. Well, I’m going to give you three examples of circumstances in which you can get out of your non-compete agreement.
Example one is if your employer fires you without cause. In that case, a non-compete agreement is pretty much void and unenforceable.
Two, if your employer has changed the nature of your job or the way you’re paid after you signed the non-compete agreement, you can argue that the contract is now changed, so it can no longer be enforced.
And three, one court last year held that a non-compete clause couldn’t be enforced because the employee had only worked there for less than two years, so that’s now a new factor some courts are looking at.
Well, those are three examples, if you’re bound up by a non-compete clause, don’t give up hope. There may be a way to get out of it.