Challenge a Non-compete Agreement

Unless you fully understand the contents of a non-compete agreement your new employer is asking you to sign, we always recommend hiring legal representation to look at it. Your new employer can tie your hands and feet by making you sign on the dotted line if you’re not careful. Outside of states that don’t allow non-compete agreements, you will need an experienced and knowledgeable attorney to help you challenge your non-compete and free yourself from the unfair agreement.

Steps to Challenge a Non-compete Agreement

A seasoned lawyer can free you from a non-compete using the following legal steps:

Prove Breach of Contract by the Employer

Many employers are always quick to accuse their employees of breach of contract. However, employers seldom pay attention to their adherence to all the contract’s terms. Failure to fulfill all terms such as insurance, compensation, promotions, or benefits may mean the employer voided the contract, alleviating you from your obligations. An experienced attorney knows this and can use it to terminate your non-compete agreement.

No Legitimate Business Interest

Companies use non-compete agreements to protect their business’ trade secrets and other proprietary information. However, if your departure from the company for another job opportunity does not conflict or compete with the company or jeopardize its trade secrets, the suing company will be hard-pressed to justify their pursuit of legal action against you.

Confidential or Proprietary Information Is Widely Available

Your former company’s argument that you breached a non-compete agreement will become difficult to defend when the information they claim to be proprietary or confidential is widely available. These may include publicly available information, such as techniques or ingredients that have been widely circulated.

Unreasonable Terms

Some non-compete agreements have overly broad limitations and unreasonable terms, like using a contract that doesn’t fit into the company’s business. The concept of unreasonable terms also applies when the company does business in only one state. Legally, you should be able to work in the same industry in another state where the company does not do business.

Your best option to get out of an unreasonably binding agreement is to seek legal help from an experienced and knowledgeable attorney. Our lawyers at Slaughter Law Firm will find the most effective way to free you from a non-compete agreement. Call us today for more information.