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Non Compete Agreement (negotiating a new job with a company that is a competitor)

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  • Non Compete Agreement (negotiating a new job with a company that is a competitor)

    I currently work as a technical consultant for a software company. I am in the process of negotiating a potential job with a company that is a competitor of my current employer. I signed a non-compete agreement with my current employer when I was hired 5+ years ago that states I cannot work for any competitor anywhere in the world for a period of 12 months after leaving my current company. The company I work for now is based in Massachusetts and I work at corporate headquarters. The competitor is based in Europe but I would be telecommuting when not traveling to customer sites. Their only office in the US is in Texas. The position at the competitor would be the same as the position I currently hold. I do not have knowledge of the inner workings of our software, lists of sales prospects, etc. Am I at risk of legal action if I leave my current company to pursue this opportunity with the competitor?

  • #2
    Re: Non Compete Agreement (negotiating a new job with a company that is a competitor)

    It's unlikely, but even if it were, non-competes very, very rarely hold up in court. Let them sue. They will lose.

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    • #3
      Re: Non Compete Agreement (negotiating a new job with a company that is a competitor)

      [ I cannot work for any competitor anywhere in the world for a period of 12 months ]



      Almost certainly invalid in any court as too broad.

      You do have to work and the courts know that. The law is very protective of that right.

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