Non-Compete - Unemployeed for 6 months.
I signed a one-year non-compete agreement with an IT consulting firm. The client I was working for swithed to a different consulting firm and I was let go.
That was 6 months ago. I am still unemployed and seeking work. I applied for a job on the internet not knowing it was for the same client I was working for 6 months ago (through their new consulting firm). They called me back and want to hire me.
My unemployment is running out and I need a job. Is there anything I can do to get out of this Non-Compete Agreement?
The consulting firm is in NY. The client is in NJ.
Answers (1)
Declaratory Judgment
The only sure way of getting out from under a non-compete is a declaratory judgment action. The purpose of a declaratory judgment action is to declare the respective rights of a set of parties. In your case, you would be seeking a declaration that the non-compete is unenforceable.
The problem with a DJ action is that it would take months and many dollars to resolve.
An lower cost but less certain alternative is to simply take the job, and hope your former employer does nothing. Nothing happens pretty frequently. But it isn't sure fire.
posted by David M. Lira | Jan 22, 2004 4:13 PM [EST]
The only sure way of getting out from under a non-compete is a declaratory judgment action. The purpose of a declaratory judgment action is to declare the respective rights of a set of parties. In your case, you would be seeking a declaration that the non-compete is unenforceable.
The problem with a DJ action is that it would take months and many dollars to resolve.
An lower cost but less certain alternative is to simply take the job, and hope your former employer does nothing. Nothing happens pretty frequently. But it isn't sure fire.
posted by David M. Lira | Jan 22, 2004 4:13 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers