Can i get out of my non compete contract

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can i get out of my non compete contract

Company that employs the business I work for has new rules about contractors being on site for more than 6 months. The company is trying to compensate my employer to waive the non compete clause. Both sides seem apart on the price. I can not be interview for the new company until the non compete issue is resolved. Can I get this thrown out?

Asked on August 9, 2017 under Employment Labor Law, South Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general matter, you can only get out of your non-compete if your employer terminates you: terminating you violates their side of the bargain (that you will have a job with them in exchange for your promise to not compete) and also deprives you of the "consideration" (thing of value) you were being given in exchange for your promise to not compete. But if they do not terminate you, you most likely held to the agreement; it is contract, and so you contractually obligated yourself to not compete. 
That, though, is a general answer: every contract (and that's what a non-compete is: a contract) is enforced according to its specific terms, and the circumstances under which you signed can matter, too. Bring a copy of the agreement to an employment law attorney to review with you, to see if you have any recourse under the specfic circumstances of your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption