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  1. #1
    Join Date
    Jul 2015
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    Default Accepting a Job With a Competitor Before the Expiration of a Non-Compete Agreement

    My question involves labor and employment law for the state of: Ohio

    I signed a non-compete that basically says that I will not work for a competitor for 1 year upon leaving. It will be one year since I left that job in October. I have accepted a position with a company that may be considered a competitor. I know no one here can give me an answer set in stone, but based on your experiences what is the likelihood that my former employer would force me to uphold the non-compete since it is so close to expiring? I will be showing the full contract to a lawyer this week or next.

    Thanks for the help in advance.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is an Almost Expired Non-Compete Likely to Be Upheld

    Quote Quoting Tristessa
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    My question involves labor and employment law for the state of: Ohio

    I signed a non-compete that basically says that I will not work for a competitor for 1 year upon leaving. It will be one year since I left that job in October. I have accepted a position with a company that may be considered a competitor. I know no one here can give me an answer set in stone, but based on your experiences what is the likelihood that my former employer would force me to uphold the non-compete since it is so close to expiring? I will be showing the full contract to a lawyer this week or next.

    Thanks for the help in advance.
    It all depends on whether or not the employer is aware and impacted by your employment with that company. If the employer is unaware of your new job, and is not impacted by your new job, the employer is not going to sue you.

    If the employer becomes aware of your new job the employer may sue you just as a matter of principal. If the new job has no impact on the employer the employer may not.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Is an Almost Expired Non-Compete Likely to Be Upheld

    Quote Quoting Tristessa
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    I have accepted a position with a company that may be considered a competitor.
    There is no "may" there is only competitor or not competitor.

    If you have accepted the job already then you should know the specifics of the company's operations, enough to be sure if it's a competitor or not.

    And since you have already accepted the job it's a little late to start addressing the non-compete.

    Does your new employer know about it?

  4. #4
    Join Date
    Jul 2015
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    2

    Default Re: Is an Almost Expired Non-Compete Likely to Be Upheld

    My new employer does not know about it. I initially thought I just signed a NDA. Should I tell my new employer? To my knowledge, my former employer does not know that I have accepted a job with this company. I assume that they will find out when the new employer calls to check for references.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Is an Almost Expired Non-Compete Likely to Be Upheld

    Quote Quoting llworking
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    If the employer becomes aware of your new job the employer may sue you just as a matter of principal.
    Or they may try to get an injunction against the competitor, asking a court to prevent the continuation of employment for the duration of the non-compete.
    Quote Quoting Tristessa
    View Post
    Should I tell my new employer?
    What do you believe that your employer will do if you don't tell them, and they end up in court because they hire you without being aware of the contract? What do you think they will infer about your willingness to abide by any contractual terms into which you enter with them?

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