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

UPDATED: Aug 13, 2013

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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