Skyline photo of Manhattan, NY
Cyclists ride along the pedestrian path of the Brooklyn Bridge in New York City on a clear day. The bridge’s iconic stone towers and suspension cables frame the scene, while the Manhattan Bridge and East River are visible to the left. City buildings rise in the background, and several pedestrians walk in the distance.
everyday people crossing at intersection in NYC
Street scene in New York City’s Little Italy, with a man on a bicycle in the foreground riding through an intersection. Pedestrians cross the street near outdoor tables at Caffe Napoli, which is decorated with holiday lights and greenery. Nearby, the restaurant Puglia and a row of historic buildings with fire escapes line the background under a pale sky.
NY Skyline at dusk
April 21, 2023

Legal News

POP LEGAL
April 21, 2023

Existing Non-Compete Clause and New Offer of Employment

If you are subject to a non-compete clause and are contemplating an offer of employment, what should you do?

  1. Review the non-compete clause: Carefully read the terms of your non-compete clause, including the scope, duration, and geographic restrictions. Understand the exact limitations and restrictions imposed by the agreement.
  2. Analyze the new job offer: Evaluate the job offer in light of the non-compete clause. Consider the job responsibilities, the industry, and the company's position in the market relative to your former employer. Determine if the new role would actually violate the terms of the non-compete clause.
  3. Consult an attorney: If you are unsure whether the new job offer would breach the non-compete clause or if you have questions about the enforceability of the agreement, consult with an attorney who specializes in employment law. Remember that non-compete agreements are subject to different laws and regulations depending on the jurisdiction, so it is essential to consult with a legal professional to understand whether your existing non-compete is even enforceable.
  4. Communicate with your potential new employer: Be transparent with your potential new employer about the existence of the non-compete clause. Failure to disclose the non-compete could be the basis of a termination and chances are your new agreement has language that acknowledges you are not subject to an existing non-compete clause.
  5. Explore the possibility of a negotiation: If there is a potential breach of the non-compete clause, consider discussing the situation with your former employer. They may be willing to waive the clause or come to a mutually acceptable compromise. You may also attempt to negotiate the inclusion of an indemnity clause from your new employer.

The attorneys at Outside Legal Counsel LLP are proficient in helping clients understand and negotiating such clauses.

This is not legal advice and is attorney advertising.

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