Non-compete contracts are generally put in place by an employer in an attempt to protect their intellectual property, clients, and trade secrets from being carried over to competitors by previous employers. However, while these agreements make perfect sense for employers, they can often leave employees in hopeless situations, especially employees who have specialized skills.
Fortunately, there are a few legal ways that you can get out of a non-compete contract without breaking the law. So if you are battling to seek alternative employment for any reason and you feel bound by your contracts’ specifics, here’s what you can do.
Tips To Challenge A Non-Compete Contract
Consult A Non-Compete Employment Lawyer
Consulting a non-compete lawyer is the most practical first step to take to ensure you remain within the law while seeking alternative employment. Your employment lawyer will be able to break down the specifics of your contract and help you evaluate loopholes that you are likely not aware of. Employment lawyers can assist with various work-related issues, although it is best to specifically consult a non-compete lawyer, as they specialize in these kinds of employee contracts.
Do Not Violate Terms
You must request a copy of your employment contract if you do not have one. Once you have a copy, it is best to consult your employer or HR and provide details of how your new employment opportunity would not be violating the terms of the non-compete agreement. In many cases, your non-compete agreement may not be as restricting as you assume it is, and if you are legally not violating the contract, you have nothing to worry about.
Prove Employer Fault
Suppose you are leaving your current job role due to your employers’ involvement in some shady business. If you can provide evidence that your employer is involved in illegal or dishonest activity, your contract will be considered invalid by law. However, you will need valid evidence to confirm that your employer is involved in such activities, as you cannot simply make a claim.
Lack Of Legitimacy
Perhaps you have signed a non-compete agreement, although you do not have access to any information that could harm your current employer’s profits. In this case, your contract will be void due to a lack of legitimacy. Suppose you can prove that you do not have any access to any sensitive information. In that case, your agreement is therefore irrelevant, and you will be legally allowed to seek employment with competitor companies.
Your Employer Breached The Contract
In many states where non-compete agreements are allowed, the employer must also abide by specific terms, which will be in the employment contract. If the employer breaks any of the terms of the contractual agreement, the non-compete agreement will also be void. Once again, you will need proof of this as you cannot merely make a claim.
It is always best to consult a non-compete lawyer to ensure you remain on the right side of the law after signing a non-compete agreement. Even if you have evidence against your employer, it is best to hand it over to an expert legal representative to handle the case for you.