W. Non-Compete's & Other Restrictions
"When elephants fight, only the grass gets hurt."
“When Leaving Your Job -
How to Take
Colleagues with You”
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Model Response to Request
You Sign a Non-Compete Agreement
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This section introduces you to the two basic ways employers seek to control two things dear to them: (1) their employees – by non-compete agreements, and (2) their business secrets - by use of confidentiality agreements.
Employees are increasingly being required to sign non-compete agreements, and other "restrictive covenants," such as non-solicit provisions, non-hire provisions, and non-interference provisions. Despite what many people believe, these are all potentially "enforceable," and thus must be treated with the utmost of thought and care.
Employees should do what they can to (a) refuse, (b) restrict and/or (c) reduce these agreements when given them to sign. At a very minimum, employees should understand what they have signed, and seek to "navigate" around them. This section shows you how.
Don’t hesitate to take advantage of the articles, video, and Model Letters provided by this section, and all of the other educational, inspirational and empowering features our blogsite has to offer.
If you believe you may need either a telephone consultation, or counsel and representation on this or other matters, those services can be made available to you upon request.
"You are not alone, at work, any more." ™
i. Before Signing
- NL 1: “Non-Compete Non-Sense” – What to Do if Asked to Sign One
- QA 1: “Sign this Non-Competition Agreement, or Leave” – Is that Legal?
- QA 2: “Administrator in a Doctor’s Office. Told I must sign a Non-Compete Agreement. Anything I can do?”
ii. Is it Enforceable?
- NL 1: “If tied to an unpaid bonus, is a non-compete enforceable?”
- QA 1: If I get nothing in return, is my non-compete enforceable?
- QA 2: “If an employee’s position is eliminated is a non-compete still enforceable?”
- QA 3: “Can I compete with my former employer without getting sued?”
- QA 4: “Must an employee be paid to sign a non-compete?”
- QA 5: “Is a non-compete agreement enforceable after being let go without cause?”
- QA 6: “Are non-compete agreements binding on independent contractors?”
- QA 7: “If I am not paid commissions due me, is my non-compete still valid?”
- QA 8: “What is ‘indirect’ solicitation of customers?”
- QA 9: “Are my relatives and friends legally obligated by a non-compete agreement I signed?”
- QA 10: “If tied to an unpaid bonus, is a non-compete enforceable?”
- QA 11: “The Three Different Ways Non-Compete’s are Enforced”
iii. Non-Solicitation and Other Restrictions
- NL 1: If You Leave Your Job, Can You Take Your Customers With You?
- NL 2: When Leaving Your Job, How to Take Your Colleagues With You
- NL 3: “If my former employer closes, and opens a new company, is my non-compete (or other contracts) valid?”
- NL 4: “Garden Leave’s Little Secret: It is Not Very Enforceable”
- QA 1: “Can I Work for a Licensee or Vendor of my Former Employer?”
- QA 2: “Can an employer require you get its prior approval for a side job or a side business?”
- QA 3: “Can I get around a ‘non-solicitation’ agreement?”
- QA 4: “With a ‘no-poach’ agreement, can I hire a fired employee?”
- QA 5: “Can I do work ‘on the side’ so long as it doesn’t violate the non-compete I signed?”
- QA 6: “Should non-solicit clauses be treated the same as non-compete clauses?”
- QA 7: “Can I be on ‘Garden Leave’ and reemployed elsewhere at the same time?”
- QA 8: “If I signed a non-solicitation agreement, can I now create a website for my new business?”
- QA 9: “Can I solicit customers of my former employer?”
- QA 10: “If my former employer closes, and opens a new company, is my non-compete (or other contracts) valid?”
- NL 1: “Hidden Handcuffs” – Watch out for Buried and Disguised Non-Compete Agreements
- NL 2: How to Defeat a Non-Compete: Ten Effective Defenses
- QA 1: In “Non-Competition,” What Constitutes “Competition?”
- QA 2: “If I signed a non-compete / non-solicit agreement, does that stop me from working for a customer of my former employer?”
- QA 3: “Does leaving an employer, and then returning, relieve me from a non-compete agreement I signed the first time I was hired?”
- QA 4: “Is there a way I can ‘get out of’ the non-compete agreement I signed?”
- QA 5: “Can I compete with my former employer without getting sued?”
- QA 6: “Can a company selectively enforce non-compete agreements?”
- QA 7: “Can I sue my former employer for ‘interfering’ with my new job?”
- QA 8: “Can a non-compete agreement require that New York law applies even if the company is not in New York?”
- QA 9: “How should an employer treat an employee who works for a competitor?”
- QA 10: “Can an employer pick and choose who must sign a non-compete?”
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