This blog post is for informational purposes only and is not intended as legal advice or to establish an attorney-client relationship.
By Donna Ballman
Your employer will tell you that you are bound by your non-compete agreement when you leave. The reality is that most employees don’t have the will or the resources to fight them. Many employees think that, just because an employer forced them to sign the agreement or be fired, that they are not bound by a non-compete agreement. That’s just not true. Continued employment is valid consideration for a non-compete agreement in some states, and almost all will enforce some non-compete provisions. That doesn’t mean you can’t get out of yours if you’re willing to fight.
What usually happens is the employer sends a letter to the employee and the new employer, threatens to sue both, and the employee gets fired from their new job, even where they told the new employer about the non-compete. That’s because, unless you have a contract with the new employer spelling out that you can only be fired » Read more: Career Tips: Non-Compete Agreements – Top 5 Ways to Get Out of Yours
When I represent terminated employees, many of them have been presented with severance agreements that they ask me to review for them. Many more have not been offered severance, but may be able to receive it if they know how to ask. What should you do if you’ve been fired, laid off, or made redundant, before you sign a severance agreement? And what should you do if severance is not offered? Here are some things to consider.
