Do you want to know the secret to avoiding the crippling effects of signing a non-compete or non-solicitation agreement? Well here it is….just say “no.” Do not sign the agreement when it is presented by your prospective employer.
Many employers just go through the motions when presenting a non-compete or non-solicitation agreement to prospective employees – they don’t understand what the agreement is all about and what type of conduct would violate the agreement. For other employers, you may want to “negotiate” some of the provisions in the standard contract. You may want to suggest that 2 years is too long of a period of time to prevent competitive conduct. You may suggest that no competition within 50 miles of your current location is more reasonable than the geographically unlimited area contained in the proposed agreement. Finally, you should closely look at the wording of what conduct will violate the agreement. It should not prevent you from engaging in similar but not competitive employment.
We often do our best legal work before the non-compete or non-solicitation agreement is ever signed.