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That means any employer can fire any employee for any reason or no reason at all. Even if you signed without getting advice, you still may have some legal arguments to defeat your non-compete. Employer breaches the contract: If your employer put the non-compete provision in an employment contract spelling out compensation, insurance and other conditions of employment, it is important to have an attorney go through the contract line-by-line.Does it stink that companies can force employees to sign non-competes and use them as essentially indentured servitude? I see cases all the time of bully bosses using non-competes to force employees to stay under terrible conditions. If the employer breached the agreement by failing to pay all compensation due, failing to fulfill the insurance requirements, or failing to meet some other obligation, the employee may be relieved of all obligations under the contract. No legitimate interest to enforce: Many employers attempt to overreach their legitimate business interests, and this is one of the most common mistakes.However, courts may assume that agreements up to your state’s maximum number of years are reasonable.

But an employee with the time, will, and resources to fight can frequently limit or eliminate their non-compete provisions.

And an employer who tries to enforce a non-compete and fails may end up paying the attorney’s fees and costs of the prevailing employee, and will sometimes be paying money damages to the employee for tortious interference with an employment relationship if they cost the employee a job.

If no state is specified, then it’s probably the state where you work for the employer.

A written agreement with the new employer to defend you and to pay you even if you can’t perform particular services if a court issues an injunction will protect you.

If you are one of 10 brain surgeons in the country who can perform a particular procedure, your employer probably can’t prevent you from saving people’s lives.

Last modified 28-Oct-2019 05:26