ADVICE FOR THE DAY: CAN YOU TAKE THAT NEW JOB WITH A NON-COMPETE?

caller asks:

“I signed a contract 3 years ago. It says I can’t compete for 2 years, and within 100 miles. I was fired 4 months ago and have been on unemployment. I just got a new offer, can I take it with my new non-compete?”

My answer:

“It depends on the terms of your non-compete. If you want to take the job you risk getting sued and losing your new job when they find out you are being sued.”

My question:
“Did you leave on good terms? Is there ego on the other side which might motivate legal action even if your new job does not hurt their business?”

If the answer to the ego question is yes – I tell clients the following:

WATCH OUT. EGOS SUE OLD EMPLOYEES. EGOS SPEND ALOT OF MONEY ON ATTORNEYS FEES, HOPING TO WIN AT THE END OF THE DAY. Hoping to feel like no one can mess with them! No one!

So, here is my advice. Ego = lawsuit.

No ego, lets actually talk about the facts and the law.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.