Connecticut and Massachusetts Non-Compete Attorneys

Five TIPS for Employees with a Non-Compete Agreement

1. Don't Assume Your Employer Cannot Enforce A Non-Compete Agreement

Do not listen to friends or other employees who tell you that non-compete agreements are unenforceable and cannot hold up in court. The fact is, a well-drafted non-compete agreement between an employee and an employer generally may be enforceable to the extent it protects the employer's legitimate business interests. Ignoring a non-compete and assuming it is unenforceable could end up being a costly mistake.

2. The Best Time To Review Your Non-Compete Is Before You Resign.

Early consideration of your non-compete agreement could result in avoiding enforcement by your employer. Addressing issues with your non-compete agreement before departure can be critical to a smooth transition to a new place of employment. Too many employees wait and end up inadvertently violating the non-compete agreement leading to a lawsuit.

3. Read The Plain Language Of The Non-Compete Agreement

In general, courts will strictly construe a non-compete agreement because it is a restraint on trade. The plain language of the non-compete agreement may not cover or fit with the circumstances of your new employment. Courts typically will not enforce a non-compete agreement that is overly broad. For example, many employers lose the value of a non-compete agreement by making it an overly broad in not only scope but geography and time.

4. Determine If You Can Comply With The Non-Compete Agreement

Depending on the language of the non-compete agreement, there may be a variety of ways to gain new employment without violating the terms of the non-compete. Additionally, there may be a variety of ways to mitigate any potential damages for any minor violation. Further, there may be some aspects of the non-compete that an employer is less likely to seek to enforce. Generally speaking, courts are more likely to enforce agreements when it involves protection of trade secrets and solicitation of clients. Courts are less likely to enforce an agreement if it means preventing someone from gainful employment without legitimate business concerns to support it.

5. Contact A Massachusetts Or Connecticut Non-Compete Attorney

Many times employees wait too long to engage an attorney to address issues or concerns with non-compete agreements. An attorney with experience in non-compete law can help an employee with an effective exit strategy to try to avoid costly litigation or reduce the risks of successful enforcement by the employer.

Contact us today at 860-633-0580 for problems with non-compete agreements.