What Happens If I Violate My Non-Compete?
Your former employer may file a lawsuit against both you and your current employer. They may either seek monetary damages for any losses they allegedly suffered, or they will seek an injunction that prevents you from continuing the new job. There is also the possibility that they will seek both monetary damages and injunctive relief or do nothing at all. It is all at the discretion of your employer and what course of action they choose to take.
The best option for you personally is to not sign a non-compete agreement at all. If you have already signed one and you think you may be violating it or simply want to know your options, you need a non-compete lawyer familiar with employment law.
How Do I Start a New Job If I Have a Non-Compete Agreement?
Inform your prospective new employer. Provide your prospective employer with a copy of your New Jersey non-compete agreement. Allow them to review it. They must be comfortable to offer you a new position in light of your non-compete agreement. Be open with them. This will help you in the long run. You do not want your new employer to find out about your non-compete agreement via a letter or lawsuit from your former employer. They might fire you immediately rather than face litigation.
After informing your new employer about your non-compete agreement, speak about cooperation. You want an agreement that they will stand by you in the event your former employer sues you, they will not terminate you. Rather, they will defend you and possibly pay your legal fees if you are sued.
Keep in mind that if your employer does enforce your non-compete agreement, they will sue not only you, but your new employer. There is no way to keep your new employer out of the litigation. You want to enlist them as an ally before the fight begins.
What Is a Restrictive Covenant?
A restrictive covenant is any type of agreement that limits an employee’s actions. There are many types of restrictive covenants. A non-compete agreement is one type of restrictive covenant. Restrictive covenants are only enforceable in NJ if they meet employment law standards. Speak to an experienced employment law attorney if you are unsure if your restrictive covenant applies to you. A non-compete attorney at Schall and Barasch LLC will evaluate your restrictive covenant and can help negotiate the terms with your employer.
How To Get Out of a Non-Compete Agreement
As the partners at Schall & Barasch LLC, we have been involved in some of the most cutting-edge litigation in the State of New Jersey involving non-compete agreements, including the case of Maw v. Advanced Clinical Communications, Inc, which centered on the issue of an employee’s right to refuse to sign a non-compete agreement without the fear of losing her job.
Because of the perils of non-compete agreements, it is always far better to consult with an attorney before making your move, rather than after. We have often found that, upon close examination, a non-compete agreement may not be as airtight as it might first seem. We have even been able to negotiate employees out of their non-compete agreement altogether.
How Moorestown Non-Compete Attorneys, Schall & Barasch LLC Can Help
It is always better to speak with an attorney before leaving your job, rather than after. We always find that after examining a non-compete agreement, it is less airtight than clients originally thought. Sometimes, we can negotiate an employee out of their non-compete agreements.