When you leave your job, you may assume you are free to do as you wish. However, your now former employer may have had you sign a non-compete agreement when you first started working there. But just because the language in your non-compete agreement sounds tough, that does not necessarily mean it is a valid legal document.
Many of these seemingly intimidating contracts are all bark and no bite. Not all of them are enforceable. Here are some possible ways you may be able to wriggle your way out of your non-compete contract.
1. Your employer breaches the contract
Chances are you signed more than just a non-compete agreement when you started your job. If your employer had you sign a more robust employment contract regarding conditions of employment, you should look over the entire contract with the help of an attorney. Your employer may owe you more compensation or insurance than you have. If your employer does not live up to his or her end of the bargain, then you may not have any obligation to adhere to the non-compete portion.
2. You did not have a specialized position
Non-compete agreements should enforce certain types of work. For example, if you had access to trade secrets, confidential business information or extraordinary training, it may be more difficult to throw out the agreement. However, if these things do not apply to your occupation, chances are you may be able to get out of the contract with some legal assistance.
3. The information is not confidential
Your employer may claim you must follow the non-compete provision because you had access to secret information. However, many businesses get sales leads and other helpful information from public sources, such as the internet, professional directories or phone books. If the information is readily available to the public, the agreement may not be as valid as it looks at first glance.
