my no compete was for one year. I have been uinployed for 6 months since separation from previous company. I need to go back to work and this is all that is standing in my way. As I said I need to work because during those 6 months I have been taking care of my brother who had open heart surgery .There are no trade secrets or other information about this company that I could use to cause har,m.
Whether an non-compete is enforceable can't really be determined without looking at the document and having a complete understanding of the facts of the prior employment (trade secrets and the like).
But whether or not the non-compete agreement is valid or invalid, your prospective employer has good reason to be nervous about hiring you in the face of that agreement. Without knowing more, three immediate options present themselves: 1) go to work for the prospective employer, if he will hire you, and see what happens (often the former employer won't care, particularly if you really don't have any trade secrets you could pass on to the new employer - but if you are wrong, both you and the new employer may get sued by the old employer); 2) go ask your former employer for a letter releasing you from the non-compete completely or at least saying that it is OK if you go to work for a specific new employer; 3) find a lawyer who is familiar with non-competes who will write a letter to the former employer telling them why the non-compete is no good and demanding a release and/or threatening a lawsuit to have a court declare the non-compete is no good.
Good luck
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