A non-compete agreement is a legal document that prevents an ex-employee from working for a competitor or starting a similar business within a certain time frame. Although these agreements are common and can be beneficial for employers, they can be frustrating for employees who want to move on to a new opportunity in the same field.
If you`re looking to waive a non-compete agreement, here are some steps to follow:
1. Review the terms of the agreement
Before attempting to waive a non-compete agreement, you should carefully review the terms of the contract. Make sure you understand the scope of the agreement and the specific restrictions it places on you. This will help you determine if it`s worth pursuing a waiver and what arguments you can make in your favor.
2. Seek legal advice
Non-compete agreements are complex legal documents, and attempting to waive one without legal assistance could be risky. The first step to waiving a non-compete agreement is to consult with a qualified labor and employment attorney. They can help you determine if your agreement is enforceable and advise you on the best strategy for requesting a waiver.
3. Negotiate with your former employer
If you want to waive a non-compete agreement, your first step should be to reach out to your former employer. Explain your situation and why you`re requesting the waiver. Be specific about the job you`re interested in and how it`s different from your previous role. Emphasize that you`re not attempting to undermine your former employer`s business, but rather trying to move on with your career.
4. Offer compensation
If your former employer isn`t willing to waive the non-compete agreement outright, you may be able to negotiate a compromise. You could offer to pay a fee to waive the agreement or agree to certain restrictions on your new job. For example, you could agree to not solicit any of your former employer`s clients for a certain amount of time.
5. File a lawsuit
If negotiations with your former employer fail, you may need to resort to legal action to waive the non-compete agreement. This can be a risky and expensive option, so it should be used as a last resort. Your attorney can advise you on the likelihood of success and what evidence you`ll need to present in court.
In conclusion, waiving a non-compete agreement can be a challenging process, but it`s not impossible. By following these steps and seeking legal assistance, you can increase your chances of success and move on with your career. Remember, your success will depend on the specific terms of your agreement, your approach, and the willingness of your former employer to negotiate.