If you’ve found yourself signed into a non-compete agreement or clause and feel unfairly restricted there are a few ways you may be able to get out of the agreement:
Prove your employer is in breach of contract – If you’re signed into a non-compete clause or agreement as part of a contract, such as an employment contract, ensure the other aspects of the contract are met. If there’s a breach of contract you may be able to terminate the contract and therefore the non-compete clause.
Prove the agreement is for an unreasonable duration – If you’re locked into a non-compete clause or agreement for what feels like an unreasonable length of time, you may be able to get it overturned in court, depending on what state you live in, your job, and the industry.
Prove the agreement is unreasonable in the geographical distance restricted – If the non-compete is too broad or too far-reaching in restricting where you can engage in the same or similar business activities then you may be able to have the non-compete voided in court.
Prove there’s no real interest to enforce – Many non-compete agreements and clauses set out to protect legitimate business interests, but a lot of the time many employers overreach these interests and enforce non-competes on low-level employees unfairly. Unless the non-compete is protecting trade secrets, specialized training, or some other proprietary material then it could be terminated.
Prove that trade secrets aren’t really secrets – If trade secrets the employer is trying to protect are already readily available to the public, or anyone in the industry you’re working in, your non-compete may not be enforceable.
Prove that public health or safety would not be served – This is really only applicable to specialized scientific and health areas such as doctors and nurses. If there’s a shortage of workers in a specific area that affects public health then you may be able to override the non-compete even if it’s completely fair and legal.