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Non Compete Agreement With Former Employer

Discuss Labor Laws

Non Compete Agreement With Former Employer

Postby Cedrych » Tue Dec 13, 2016 2:17 pm

I left an IT company on Aug this year. I signed a NDA with them in 2010 which restricts me to work for any clients I have worked for, for a period of 6 months after end of employment. The IT company is based out of NJ. I was working for a Missouri based client till Jul this year. I got an offer from the same client yesterday. I want to take this offer and want to know how to avoid litigation by my former employer. Please note that they have not returned a signed copy of the agreement to me.

Thanks

Archis
Cedrych
 
Posts: 37
Joined: Fri Feb 14, 2014 1:22 pm

Non Compete Agreement With Former Employer

Postby Felabeorbt » Fri Dec 16, 2016 2:20 pm

Archis:

I take it from the wording of your question and the location header that you live in Missouri and that the job you've been offered is located there.  If this is not correct please post a follow-up and let me know.

The first question in your case is whether the agreement you signed is enforceable.  The enforceability of non-compete agreements is always a matter of state law.  The courts of most states, including Missouri, will evaluate such an agreement based on how long it purports to apply and what the geographic and subject-matter scope of the restrictions are. So, the specific terms of the agreement are critical to any legal analysis.  A six-month restriction, such as you described, will normally be found reasonable. Similarly, a restriction which bars you from competing with your former employer by working for firms you served in your former job is most likely also reasonable. Without seeing the actual agreement, I can't really tell you much more about whether the agreement is enforceable against you for this particular opportunity, but I would say based on what I do know that it most likely would be enforced by a Missouri court, should your former employer wish to bring an action.

However, in many cases, employers will agree not to enforce an agreement if asked, depending on the specific cicumstances of the case.  I can't speculate on how such a request might be regarded by your former employer, but I would strongly recommend that you contact a local employment attorney to represent you in making the request and negotiating the terms of a waiver by your former employer, if necessary.  Also, I believe it is always best to be "up front" with both your former and potential employers about the existence of the agreement you signed, so if you haven't yet told the potential new employer about it, you should do so quickly.  (It's even possible that the company will offer to speak with your former employer on your behalf about possibly waiving the agreement.  Some companies will do this, while others will tell you to get a lawyer and pursue that option on your own.)

If you don't know an attorney, the best way to get a referral is to look up the web site of the city or county Bar Association where you live.  Just put the words "bar association attorney referral service" and the name of your city or county into a good search engine and you should find the site quickly.  

I hope this is helpful to you, and wish you success in getting the job you want.  
Felabeorbt
 
Posts: 46
Joined: Wed Jan 08, 2014 4:20 pm

Non Compete Agreement With Former Employer

Postby Byrn » Sat Dec 17, 2016 12:01 pm

I left an IT company on Aug this year. I signed a NDA with them in 2010 which restricts me to work for any clients I have worked for, for a period of 6 months after end of employment. The IT company is based out of NJ. I was working for a Missouri based client till Jul this year. I got an offer from the same client yesterday. I want to take this offer and want to know how to avoid litigation by my former employer. Please note that they have not returned a signed copy of the agreement to me.

Thanks

Archis
Byrn
 
Posts: 52
Joined: Fri Jan 31, 2014 7:27 pm


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