Can I void a non-compete agreement if my new job doesn’t match the exact type spelled out in the agreement?

It is similar but not the same.

Asked on August 13, 2013 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The issue depends two things. First, it depends on the specific language of  the agreement, since a non-competition agreement is a contract, and all contracts are governed by their terms.

Second, it depends on the nature of your industry and profession, and how close (realistically) the new job is to the one covered in the agreement. They do not have to be exact matches, but they do have to be close enough that the new job infringes on or competes with the old one, in order for the non-competition to apply.

Therefore, there is no way to answer your question in the abstract. What you need to do is to take the non-competition agreement to an employment law attorney, who can review it in detail with you while considered the details of the new job.


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