Can i get out of my non compete contract

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Can i get out of my non compete contract

Company that employs the business I work for has new rules about contractors being on site for more than 6 months. The company is trying to compensate my employer to waive the non compete clause. Both sides seem apart on the price. I can not be interview for the new company until the non compete issue is resolved. Can I get this thrown out?

Asked on August 9, 2017 under Employment Labor Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general matter, you can only get out of your non-compete if your employer terminates you: terminating you violates their side of the bargain (that you will have a job with them in exchange for your promise to not compete) and also deprives you of the "consideration" (thing of value) you were being given in exchange for your promise to not compete. But if they do not terminate you, you most likely held to the agreement; it is contract, and so you contractually obligated yourself to not compete. 
That, though, is a general answer: every contract (and that's what a non-compete is: a contract) is enforced according to its specific terms, and the circumstances under which you signed can matter, too. Bring a copy of the agreement to an employment law attorney to review with you, to see if you have any recourse under the specfic circumstances of your case.


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