Is there any way to get out of a non-compete clause

I recently left a company a little over a month ago to take a better paying oportunity with another company. I was working with my former employer for 2 yrs and when I was hired there was a non-compete clause in the employment agreement that I signed that I was unaware of. Over the last few months I was only working 1 to 3 days a week and sometimes not at all and collecting unemployment so I decided to take this new job which pays considerably more. Last friday I was terminated from my new job because of the non-compete clause. Is there any way to fight this?

Asked on June 8, 2009 under Employment Labor Law, New York

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  There is not a lot that I can tell you without seeing the contract that you signed. I suggest that you take the document to a lawyer to determine whether there is a basis to enforce this clause.  These clauses are the subject of lots of litigation, especially with respect to the distance and time or the restriction.  You may be able to fight it or make a deal. make an appointment with a lawyer.


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