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What to Put in a Letter Asking for Release from Non-Compete

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  • 05-04-2018, 07:37 AM
    cyclist_nc
    What to Put in a Letter Asking for Release from Non-Compete
    My question involves labor and employment law for the state of: North Carolina

    There is a non-compete section in the Asset Protection and Restrictive Covenant Agreement that I signed when I went to work for Company A.
    I was laid off in a RIF after 7 months (10% workforce RIF). I would like to pursue employment with an indirect competitor Company B.

    When I write the letter asking to be released from the non-compete section, should I use the name of Company B and ask for release to that company, or ask for general release?

    I will still be bound by the Nondisclosure of Confidential Information, No Unfair Solicitation, and Ownership of Inventions sections.
    Thanks!
  • 05-04-2018, 07:39 AM
    Mr. Knowitall
    Re: What to Put in a Letter Asking for Release from Non-Compete
    You know your past employer better than we do, and thus should be much better positioned to know if they would be willing to grant a general release over one for a specific employer, or whether they might have a negative reaction to the idea of your working for Company B. You will need to factor that knowledge in when you draft your request.

    For example, an employer that might take the position, "We laid him off, so we'll give him a break" might hate Company B. Another company that would be worried about a general release allowing you to work for companies C, D, and E, may not care about releasing you to work for Company B.
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