How do I get around a non-compete agreement?

Here are five ways to beat a non-compete agreement.

1. Prove your employer is in breach of contract.
2. Prove there is no legitimate interest to enforce the non-compete agreement.
3. Prove the agreement is not for a reasonable amount of time.
4. Prove that the confidential information you had access to isn’t special.

Can I work for a competitor if I signed a non-compete California?

Typically, a noncompete agreement prohibits you from working for a competitor until a set period has passed, but it may additionally ban you from completing the following actions: Starting your own company in the same industry. Contacting former customers.

Can continued employment be sufficient consideration for a non-compete agreement?

Consideration – Like any contract, a non-compete agreement must be supported by adequate consideration. Many states have determined that merely the initiation of or continuation of an employment relationship is sufficient consideration for a non-compete agreement.

How long is a non-compete Good For In California?

As for the time of the non compete, courts become hostile if the period is greater than five years but are seldom going to object to a period of three years. Such clauses are routinely enforced in California and the courts often grant injunctions prohibiting a past owner from seeking to violate that clause.

Does a non-compete hold up in California?

Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.

Can continued employment be consideration?

Here, in cases where an employer seeks to have an employee sign a restrictive covenant during the course of the employee’s employment, courts have determined that “mere continued employment” is not enough consideration to support the agreement. Instead, consideration “independent” of continued employment must be given.

Is continued employment sufficient consideration for an arbitration agreement?

Continued employment is enough to require arbitration The judge relied heavily on Oken v. National Chain Company, a 1981 case in which the Rhode Island Supreme Court ruled that continued employment is sufficient legal consideration to enforce a contractual agreement.

Can I ignore non-compete?

To get out of a non-compete agreement, the simplest step is simply to ignore it. Set up your new business or get hired by the rival firm, and if your former employee does nothing to try to enforce the agreement then it’s void.