Is my non-compete agreement enforceable?
I signed a two-year non-compete when I joined a marketing agency. I’ve now been offered a job at a competitor across town. Can my old employer actually stop me?
1 lawyer answer
The enforceability of non-competes varies significantly. Some places ban most non-competes, others allow them only if they are reasonable in scope, duration and geography and protect a legitimate business interest, such as trade secrets or client relationships. Some require the employee to receive specific notice or compensation.
Factors that are often relevant include your role, whether you had access to confidential information, the length and area of the restriction, and what you received in exchange for signing.
Even where a non-compete is weak, separate non-solicitation and confidentiality obligations may still apply. Have the agreement reviewed before you accept the new role, and avoid taking any company documents or client lists with you.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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