Q: I have a non-compete with my last employer. Should I ask them to release me from the agreement before interviewing?
I was fired from my last company 6 months ago and still have 6 months left on my non-compete agreement. I was asked to interview for a position with a competing company and to my surprise, I've made it to the last round. I'm now debating on asking my previous employer to release me from my non-compete with them so that I can take this position without being sued. My concern is that bringing this to their attention will just alert them to the situation, they'll say no and then watch my LinkedIn like a hawk.
My position was lower level so I didn't have access to any sensitive information and this new position is a huge upgrade. What should I do?
A: These situations depend entirely upon the exact wording of the non-compete agreement and the extent to which anew job can be structured to avoid breaching the agreement until it expires. There are many ways a non-compete agreement may be flawed, invalid or inadequate, and countless ways a new job might be structured to avoid the prohibited competition. You need to find an attorney practicing employment law who "thinks outside the box."
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