Is there any way to get out of a non-compete clause

UPDATED: Jun 8, 2009

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Is there any way to get out of a non-compete clause

I recently left a company a little over a month ago to take a better paying oportunity with another company. I was working with my former employer for 2 yrs and when I was hired there was a non-compete clause in the employment agreement that I signed that I was unaware of. Over the last few months I was only working 1 to 3 days a week and sometimes not at all and collecting unemployment so I decided to take this new job which pays considerably more. Last friday I was terminated from my new job because of the non-compete clause. Is there any way to fight this?

Asked on June 8, 2009 under Employment Labor Law, New York


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this area.  There is not a lot that I can tell you without seeing the contract that you signed. I suggest that you take the document to a lawyer to determine whether there is a basis to enforce this clause.  These clauses are the subject of lots of litigation, especially with respect to the distance and time or the restriction.  You may be able to fight it or make a deal. make an appointment with a lawyer.

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.

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