If I recently quit my job in sales, what can I do about a non-compete agreement that I signed?

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If I recently quit my job in sales, what can I do about a non-compete agreement that I signed?

I signed a non-compete 7 years ago that says I can’t sell the same type of products with a competitor company within a 75 mile radius of my territory. In order to provide for my family that would require us to move to another area. How likely is it that my former company would enforce this agreement and, if so, how hard would it be to break the agreement?

Asked on May 12, 2013 under Employment Labor Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The fact is that courts do not favor these agreements. Nevertheless, they do recognize that non-compete agreements may be necessary to protect an employer's competitive positioning if it can establish that:

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. Based on what you stated, I urge you to seek private attorney counsel in this matter. The enforcability of non-compete agreements is much in issue in law. It is stated that non-compete agreements tend to be viewed with disfavor by courts.  The reasonableness of the terms and the entire agreement is critical, as is the matter of consideration (an exchange of something of value of the parties). As to prior actions of your former company, there are ways to research that matter. 

Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best 


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