Good afternoon. Dealing with non-compete agreements present some really tough decisions for employees to make. I always tell my clients, both employer and employees alike, that with non-compete agreements, there's what the law says and what reality says.
From the perspective of the law, if you inform your current employer that you're taking a different position (I'm presuming it would violate the non-compete) and, in doing so, you are relying on the employer not yet signing the agreement, I suspect your employer will cough up a signed agreement that pre-dates your notice. You have to assume that. If that's what happens, then you are left to determining whether accepting the new job would violate the agreement. If you aren't certain the new job would violate the agreement, that should be reviewed carefully.
From the perspective of realtiy, let's assume your employer has a perfectly enforceable agreement and that your new job would violate the agreement. Does your employer have a history of enforcing its non-compete agreements? They are expensive to enforce and take a lot of energy. some employers don't have the budget or stomach for that. It might be that you've learned so little from your new employer and its "secrets" or customers that they wouldn't consider you a threat and would simply let you go without a fight.
In order for anyone to advise you properly, they'd need more facts and to review the agreements. They may need to investigate your employer's history of enforcement actions. Sounds like you need to act quickly. Feel free to contact me if you are interesting in moving further with this matter.
Answered on Sep 29th, 2014 at 1:18 PM