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Thinking of Quitting? How Non-Compete Clauses May Impact Your Next Career Move

Posted by Amber Boyd | Dec 06, 2023 | 0 Comments

When Alice got a new job offer from a competitor that came with a sizable pay increase, she was thrilled - until the HR manager slid the non-compete agreement across the table.

"Basically, this just says you won't share any confidential information or trade secrets you learned here after you leave. And there are some reasonable restrictions on working for our competitors for a while. Our lawyers require it, but it's no big deal," he said casually.

Though Alice hesitated, she signed the 20-page document to accept her dream role. Only years later did she understand the full implications.

After seven years of developing cutting-edge AI technology for Cognovata Inc., Alice felt burnt out and stale. A small local startup approached her about leading a new machine-learning team with complete creative freedom. The offer felt like the innovative challenge she craved.

But when Alice submitted her resignation, Cognovata's lawyers presented her with a reminder of the extensive non-compete she signed. It banned her from any machine learning work worldwide for 18 months. She was shocked her beloved hobby could threaten legal action!

Alice connected with an employment lawyer and discovered states differed widely on enforcing non-competes. Her state usually required "reasonableness". Unfortunately, Cognovata's sweeping global industry ban met the criteria here.

Over seven agonizing months, Alice burned through savings while unsuccessfully applying for basic tech jobs outside her specialty. She could never have imagined how her old non-compete would upend her life years later, blocking her from following her passion.

So before you sign anything restricting future work, know that non-competes impact real careers! Seek advice on state laws and negotiate narrow limitations on role, region, and time. Never assume you'll stay forever or won't need that expertise again. Or you too may someday pay the price for hastily scrawling your name years prior.

If Alice had consulted an employment lawyer from the start, she would have understood her rights in the situation. An experienced attorney could have negotiated a much more reasonable agreement tailored to protect legitimate company interests while enabling Alice's future career moves. They also would have advised her on arguments against overbroad restrictions when she later wanted to leave. State laws on non-compete enforceability vary widely - and the implications require expert analysis. So don't sign these agreements lightly without proper counsel. Should you face threats or legal action from a past employer over a non-compete, immediately contact a lawyer specializing in employment contracts. They can provide indispensable guidance on your options, negotiate waivers, and represent you in court if needed to help resolve the situation favorably while enabling you to advance your career goals. With the right legal expertise on your side, restrictive agreements do not have to derail your professional growth.

About the Author

Amber Boyd

Amber K. Boyd is a versatile professional with strong experience in managing complex litigation matters. She founded Amber K. Boyd Attorney at Law in 2013, where she is the sole practitioner. Ms. Boyd specializes in employment law with a focus on discrimination cases. She also has deep expertise ...


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