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  1. #1
    Join Date
    Sep 2016
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    Default Can an Employer Change its Mind After Waiving a Non-Compete Clause

    An employer in Connecticut gave its former employee permission to work for a competitor, and issued an email to the employee expressing that it was granting that permission. The employee got a job with the competitor. The new employer sent marketing materials that indicated that the employee was working for them, and some of those marketing pieces went to the former employer's clients. Now the former employer is stating that the employee violated the non-compete agreement and has said that he has to stop working for the new employer.

    Can the former employer change its mind after authorizing the new employment?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can an Employer Change its Mind After Waiving a Non-Compete Clause

    Connecticut courts view non-compete agreements in a light favorable to the employee, and if the employee had a clear waiver then it's likely that a court will uphold the waiver. However, the employee (or the employee's new employer) should have the language of the non-compete and the email 'waiver' reviewed by a lawyer to get a better sense of whether they waiver was unconditional and enforceable, or if they somehow violated a condition of the waiver such that the employer can try to enforce the original noncompete agreement.

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