TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

JUNE 2010: CAN I NEGOTIATE OUT OF A NON-COMPETE*

Your non-compete is negotiable even after you have signed it and spent years working for your employer. Non-competes are negotiable because they are only enforceable in limited circumstances, expensive to enforce and the court will most likely edit the time and scope of your non-compete anyway after your employer has spent considerable money to try and enforce it.

Your ability to negotiate the terms of your non-compete depends on a variety of leverage factors including the circumstances of your departure, whether you are receiving compensation for the time you are restricted, the type of work you engaged in, your value to your employer and your relationship with the company. A good time to re-negotiate the terms of your non-compete are in conjunction with a severance negotiation.

Next Month's Tip: DON’T WAIT TO START LOOKING FOR A JOB

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.