If I signed a non-compete letter for my employer 4 years ago when I started but a competitor in another state offered me a job, is the non compete still binding?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I signed a non-compete letter for my employer 4 years ago when I started but a competitor in another state offered me a job, is the non compete still binding?
Asked on July 8, 2015 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you are still at your current employer, then yes, the non-compete is still binding--they remain in effect for the whole duration of your employment, no matter how long that is. Non-competes can, *at most* restrict you as per their terms--i.e. for the length of time, and in the geographic areas or markets they indicate. And if the non-competes are too long or too broad, so that they would effectively prevent you from earning a living elsewhere, courts will often "blue pencil" them or cut them back to levels which the courts feel balance your need to make a living with the employer's legitimate interest in preventing its former employees from immediately or promptly competing with it. For example, for most employees, a two year non-compete might be cut back to 6 months to one year maximum; if your employer only markets in a certain geographic area, a court might restrict the non-compete's effect to that area; etc. You are advised to take a copy of your non-compete to an employment law attorney who can review it with you and advise you of your rights and options.
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 AttorneyPages.com 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.