Can My New Employer be Sued for My Non Compete?
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Generally speaking, it is you, not the new employer, who has a contractual relationship under the non compete. That means they can only be held liable for your violation of that agreement if they also did something unlawful or improper.
Unlawful or improper could include encouraging you to misappropriate confidential information, or misrepresenting something to the old employer, or violating a separate contract between them and your former employer. Simply hiring you with knowledge of your agreement is not unlawful or improper. That doesn't mean, however, that they won't be sued or threatened with suit as part of an effort to enforce the non compete against you. This is why the question is frequently asked of job candidates, and why it is a good idea for you to have clarity on the reach and likely enforcement of your agreement before you begin your job search. Learn more here about managing a job search with a non compete. |
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