Should I tell my new employer about my non-compete?

Yes, but you should be informed when you do. This is important because you want to make sure you alert your new employer to any issues it may face as a result of your current non-compete since those obligations follow you after you leave your current employer.

Are non-compete agreements transferable?

Basically, some jurisdictions do not permit the seller of a business’ assets to transfer its Non-Competes to the purchaser unless the employee consents to the assignment. This means that the purchaser of a business’s assets may not be able to enforce its Non-Competes without the employee’s consent.

How do I switch jobs with a non-compete?

Changing jobs with a non-compete agreement in place

1. Talk with a lawyer. Before you start actively seeking new employment, have an attorney review your non-compete agreement with you.
2. Job hunt on your own time.
3. Be honest with prospective employers.
4. Leave on good terms.

How do I break a non-compete agreement?

The candidate can talk to their current employer about breaking the noncompete agreement. The employer might not actually care about the noncompete. If the employer is willing to break the agreement, the candidate should get a release signed by the employer.

Can an employer enforce a non-compete?

In other words, non-compete agreements are not enforceable in California. Employees can void any non-competes that require a court outside of California to decide disputes. In other words, the company cannot enforce an employee’s non-compete agreement in a state that allows these agreements.

What happens if you break a non-compete agreement?

Generally, if you violate a valid and enforceable non-compete agreement, it is likely that your employer will file a lawsuit against you. In very rare cases, the court may prevent you from working for a competitor for the duration specified in the non-compete.