What is a non-compete agreement?
According to Investopedia, a non-compete agreement is “a legal agreement or clause in a contract specifying that an employee must not enter into competition with an employer after the employment period is over.”
Non-compete agreements ensure that employees don’t disclose proprietary data to third parties while working for an employer, or after they’ve left the company. In other words, non-compete agreements help protect employers from working with competitors or revealing any trade secrets they may have learned about in their job.
Job seekers need to be aware of what to look for when reviewing non-compete agreements with potential employers. To help with this, Job-Hunt tapped attorney Michael Callahan of The Callahan Law Firm, along with others who have expertise in this area, for their insights.
Here are some essential details to understand and steps to take in relation to non-compete agreements.
Familiarize Yourself With the Agreement
The first order of business, according to Callahan, is to thoroughly analyze the non-compete agreement’s scope and restrictions, paying particular attention to the time frame, location, and prohibited acts.
“Examine how these limitations might affect your ability to find work in the future and whether they are consistent with your professional objectives,” Callahan said.
Harold Morton, an HR professional at QA Testing, stressed the importance of job seekers paying attention to any geographic limitations outlined in the agreement.
“Understanding where the non-compete applies can help candidates assess their options and potential career paths,” Morton said.
Find Out What’s Enforceable
Next, Callahan emphasized the importance of being aware of whether non-compete clauses are enforceable in your jurisdiction.
“To ascertain the legal validity and enforceability of the agreement in your particular circumstance, research the non-compete laws and regulations in your state or nation, and speak with an employment lawyer,” Callahan said.
Think About the Field and Position You Want to Pursue
Non-compete clauses may be more appropriate in some professions for reasons like maintaining client or trade secret confidentiality, according to Callahan.
“Determine whether the limitations in the agreement are appropriate and required for your industry,” he said.
Get Legal Advice
After you’ve tackled the steps above, it can help to consult with an employment lawyer who can evaluate the non-compete agreement and offer recommendations based on your unique situation.
“They can give you advice on any potential legal issues related to the agreement, assist you to comprehend the possible repercussions, and negotiate terms if necessary,” Callahan said.
Negotiate if Needed
If the limitations of the agreement worry you, Callahan suggests that job candidates can try negotiating with the employer to suggest changes that better suit their professional goals.
“Strike a balance between defending the employer’s legal interests and preserving your possibilities for professional advancement,” he said.
Be Aware of Consequences
If you aren’t sure whether you can abide by a non-compete agreement, tread carefully. Callahan suggested that you should understand the potential repercussions of breaking a non-compete agreement before acting hastily.
“Base your judgment on the possible dangers involved,” he said.
William Lam, Founder of UPGRD, explained that some consequences may involve taking legal action, being issued injunctions, or being subjected to financial fines.
“Evaluate whether or not the agreement can be enforced in your region, as the rules that regulate non-compete agreements might differ greatly from place to place,” Lam added.
Morton concluded that, ultimately, the best practice for reviewing non-compete agreements is to approach them with a clear understanding of the potential impact on future career prospects.
“Careful consideration and legal guidance are crucial to make informed decisions and protect one’s professional interests,” he said.
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