What to do if m ex-employer is keeping me from getting a new job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if m ex-employer is keeping me from getting a new job?
After 12 years of employment my employer discharged me and I am now collecting unemployment. My job was install technician – I programmed and installed computer systems for restaurants and trained the staffs. I was required to sign an “Agreement of Employment Containing Covenant Not To Compete”. I have had 2 job opportunities and both times my former employer has contacted my perspective employer indicating that I could not work for them due to my non-compete. My most recent opportunity is pretty much the same work as what I had been doing. It does not include soliciting business however my perspective employer has asked that I work this out. Can you provide my options?
Asked on December 22, 2011 under Employment Labor Law, Delaware
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
As a general matter, a non-competition agreement is enforceable. However, the courts do not view them particularly favorably, and will cut back or reduce ones which last for too long a time, which cover too wide a geographic area, or which prevents someone from working in too many different fields or capacities. The best thing for you to do is to consult with an employment law attorney, who can review the situation and the agreement with you; it may that you have grounds to challenge the agreement or seek to reduce its scope (e.g. seeking a "declaratory judgment" limiting its effect); or at least the attorney could advise you as to what positions would not be covered by it.
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 AttorneyPages.com 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.