If I signed a non-compete, am I allowed to sign a contract with another company but not actually start working for it until the non-compete expires?

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If I signed a non-compete, am I allowed to sign a contract with another company but not actually start working for it until the non-compete expires?

Asked on December 19, 2015 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general matter, under the typical non-competition agreement, which restricts you from actually "competing" with your employer but says nothing about planning, preparing, contracting, etc. to compete in the future, you could do this: as long as you provide *no* aide or assistance to the competitor until after the agreement has expired (not even any information), you would be in compliance. That said, since a non-competition agreement is a contract and contracts are enforced according to their plain terms, review the specific language of your non-compete to see what you can and cannot do.


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