Q: I have a non-compete in Missouri. Can I go and work for a competitor, in a different position if I don't divulge info?
I have a non-compete that was signed in 2019. It is for a period of two years after I leave the company. I am currently considering a move to a much smaller company in the same industry. I will not be in the same position I am now and I will not be sharing any information about my current employer, their contacts or customers. Can I be sued for violating the non-compete just by taking a position with another company "Like" this one?
A: No attorney can possibly provide any meaningful information regarding a non-compete - or any contract for that matter - without reading it in its entirety. Whether or not the position you are considering would violate the terms of the non-compete is very fact-specific. What I can tell you is that a great many companies have employees sign non-competes that are not enforceable. I would strongly encourage you to obtain a full evaluation of the non-compete from a business or employment attorney well-versed in non-competes to determine its validity generally and its application to this particular position. Such an evaluation should not be unreasonably expensive and will be well worth the cost.
Ronald J. Eisenberg agrees with this answer
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