If after signing a non-compete clause my employer gives permission to do side job’s in same field, does the non compete still remain effective?

Get Legal Help Today

 Secured with SHA-256 Encryption

If after signing a non-compete clause my employer gives permission to do side job’s in same field, does the non compete still remain effective?

Years after signing the non-compete clause my employer gave me permission to do side job’s to earn extra income. My employer is loosing contracts because he will not change his prices with current economy. I have a chance to get one of these contracts to secure future employment. I need to know if employer can now hold me to clause after giving me permission to do work on the side?

Asked on October 5, 2011 under Employment Labor Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, your employer can most likely enforce the non-compete against you. As a general matter, when one party chooses to voluntarily waive compliance with a contract or agreement on some occasions, that waiver does not preclude, or prevent, the party from enforcing the contract later. For example: say a landlord lets a tenant pay his or her rent late a few times; that does not mean that the tenant now has a right to pay late, or that the landlord cannot evict for late payment. Similarly, even if the employer let you "compete" with it on a few occasions (the side jobs you mention), that does not mean that the employer cannot hold you to the agreement otherwise. That's the general rule: since the exact circumstances and the exact language of the non-competition agreement are critical, it is recommended that you bring the contract to an employment attorney and let him or her evaluate your rights and obligations, to be sure.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption