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5 Myths to Debunk Before Signing That Non-Compete

June 29, 2016


 

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When starting work at a new company, or even when being promoted or receiving a severance package, you might be given a non-compete clause (NCC) to sign. This is your company saying to you, “For a period of time after you work for us you can’t work for our competitors.” Maybe it adds on, “even if we fire you,” or other provisions specific to the clause. Although this may seem like a practice exclusive to corporate jobs, MarketWatch reported that not only is the number of companies asking employees to sign these agreements increasing, but the breadth of industries is as well. Employees working in medicine or service, for instance, are increasingly being presented with non-competes. And unfortunately, there are plenty of myths floating around about what a non-compete does and does not mean.

Myth 1. Non-competes aren’t enforceable

That’s true… in California. In most states, non-competes are very much enforceable, and although they won’t usually be enforced to every last letter, former employers often seek monetary compensation for a violation. Some non-competes will be deemed unenforceable by a court if they are unreasonable, for example if the timespan or geographic area of restriction is too great, in which case, consulting with an attorney could provide you with valuable insight on whether or not a non-compete is unreasonable.

Myth 2. If a company sends you a notice that you’re violating a non-compete, they’re probably just bluffing.

If you leave a company and receive a letter that they think you’re violating a non-compete or trade secrets agreement or misusing corporate property, it’s important to speak with a professional employment lawyer rather than winging it or assuming it’s a bluff. An attorney is especially critical if you’re leaving a place of work and starting a new business, in which case you have a lot to lose if charged with a violation.

Myth 3. It’s a take-it-or-leave-it deal.

Nothing is set in stone, and your options go much further than ‘to sign or not to sign.’ Whether the document was written by a well-resourced legal department or downloaded off the internet, a lawyer may see leverage points in it that you don’t.

Myth 4. If you haven’t done anything wrong, you don’t need to see a lawyer.

Many people mistakenly think that “innocent” is equal to “not in need of a lawyer.” Just as in a criminal context where you’re historically advised not to speak to law enforcement even if you’re innocent, talking to an opposing attorney in a civil, non-compete issue can be a big mistake. The truth is that even if you have nothing to hide, you don’t know where your employer is coming from. In a criminal context, someone may have falsely named you, or you may associated with the wrong person. The same is true here, and you may need guidance on how and with whom to have the conversation.

Myth 5. You can work it out through a friendly chat with your former employer.

If you’ve received a lawyer letter, whether it’s directly from a company’s lawyer or simply has a lawyerly feel, it’s risky to think you can work it out independently – your former boss isn’t acting without an attorney, so you shouldn’t either. A professional may be able to help you negotiate or negotiate on your behalf, and feel more secure with a full understanding of everything you’re signing.

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Kim Brooks-Rodney settled my mother's case expeditiously, with great patience and sensitivity and won us a magnificent settlement. I can't imagine that a better personal injury lawyer exists. I highly recommend her and her firm, Cohen & Cohen. They are undoubtedly the best of the best.
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This law firm was great and Nicole did a wonderful job on my case. Keeping me updated along the way with any changes or information really kept me at ease. I would recommend them over and over again!
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Gabriel anteneh
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Glorious glorious , Nicole and her firm are the best . Treated me with kindness.
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David junior COLY
53 days ago
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Nicole was great in assisting with my case. Thank you so much
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Kenneth Distance
66 days ago
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Ms. Skibicki handled my uninsured motorist claim exceptionally well. She understood the importance of balancing justice and compensation from those involved in the dispute. She fought for a fair settlement and genuinely listened to my concerns and complaints about the process, showing empathy throughout. She thoughtfully explained the pros and cons of pursuing further litigation if I was not satisfied with the offer, and she gave me ample time to make a decision that felt right for my situation. I never felt pressured to accept an offer that didn’t meet my needs. If I need legal assistance again, I would choose Cohen and Cohen and specifically request Ms. Skibicki as my attorney.
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Siayre Nichols
69 days ago
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I had Ms. Nicole handle my case and she was amazing! One of my biggest worries was having a lawyer who wouldn’t take my case seriously, but Ms. Nicole was went to bat for me and did an excellent job. I really appreciate you, Ms. Nicole!
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maraki solomon
82 days ago
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I had an excellent experience with Cohen & Cohen from start to finish. My lawyer was professional, responsive, and genuinely cared about my case. They explained everything clearly, kept me informed throughout the process, and made what could have been a stressful experience much easier to navigate. I truly appreciate all of their hard work, dedication, and support. I highly recommend Cohen & Cohen to anyone in need of a personal injury lawyer
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Christopher Ruiz
89 days ago
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Fantastic firm. The attorneys resolved my case with clear communication and genuine determination to see that I would be left in the best position possible. Special kudos to Nicole Skibicki for pushing through the finish line.
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Meredith Stasa
90 days ago
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I retained Cohen & Cohen after I was struck by a car and fractured my spine. Adam was kind, knowledgeable and truly an advocate throughout the entire settlement process. He was incredibly responsive to my calls, emails and texts, and always took the time to explain how parts of the admittedly complex process worked with insurance, etc. Adam was able to secure a settlement of the offender's maximum policy limit, and the process was completed within a year. 10/10 recommend!
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Nini Da Silva
95 days ago
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I rarely write reviews, but this experience was truly worth sharing. Cohen & Cohen exceeded my expectations throughout my case. Nicole Skibicki, Esq. was an outstanding attorney who demonstrated professionalism, compassion, and genuine care from start to finish. She took the time to listen whenever I needed to vent about my situation, and her empathy made a difficult process much more manageable. Nicole was a strong advocate on my behalf and worked diligently to ensure that I received a fair settlement from the insurance company. I always felt informed, supported, and confident that my case was in capable hands. I highly recommend Cohen & Cohen to anyone seeking a personal injury or accident attorney. If you want experienced legal representation, exceptional client service, and a team that truly cares about achieving the best possible outcome for you, this is the firm to choose. Thank you, Nicole and the entire Cohen & Cohen team, for your dedication and outstanding work!

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