If after signing a non-compete clause my employer gives permission to do side job’s in same field, does the non compete still remain effective?

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If after signing a non-compete clause my employer gives permission to do side job’s in same field, does the non compete still remain effective?

Years after signing the non-compete clause my employer gave me permission to do side job’s to earn extra income. My employer is loosing contracts because he will not change his prices with current economy. I have a chance to get one of these contracts to secure future employment. I need to know if employer can now hold me to clause after giving me permission to do work on the side?

Asked on October 5, 2011 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, your employer can most likely enforce the non-compete against you. As a general matter, when one party chooses to voluntarily waive compliance with a contract or agreement on some occasions, that waiver does not preclude, or prevent, the party from enforcing the contract later. For example: say a landlord lets a tenant pay his or her rent late a few times; that does not mean that the tenant now has a right to pay late, or that the landlord cannot evict for late payment. Similarly, even if the employer let you "compete" with it on a few occasions (the side jobs you mention), that does not mean that the employer cannot hold you to the agreement otherwise. That's the general rule: since the exact circumstances and the exact language of the non-competition agreement are critical, it is recommended that you bring the contract to an employment attorney and let him or her evaluate your rights and obligations, to be sure.


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