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It is possible to find non-compete loopholes in certain circumstances in order to void a non-compete contract. For instance, if you can prove that you never signed the contract, or if you can demonstrate that the contract is against the public interest, you may be able to void the agreement.
The New Hampshire law (RSA 2-a) took effect on September 10, 2019. This law prohibits an employer from entering into a non-compete agreement with a low-wage employee and renders any such non-compete agreement void and unenforceable.
Generally speaking, non-compete agreements (also sometimes called non-competition agreements, or simply non-competes) are not enforceable in California against former employees.
Can your current employer stop you from going to work for a competitor? Well, if you are fortunate enough to be employed in California, the answer is NO, your current employer cannot stop you from going to work for a competitor.
New Hampshire courts have determined that the offer of initial or continued employment is sufficient consideration or benefit to the employee in exchange for agreeing to not compete with the employer should the employment relationship terminate.
According to the California Business and Professions Code Section 16600, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void. In other words, non-compete agreements are not enforceable in California.
A covenant not to compete, also called a "nompete agreement" or "non compete clause," is an agreement where one party promises not to compete with the other party in a specified area for a certain period of time. A covenant not to compete can be found in an employment contract or a sale of business contract.
A restriction in the contract of employment preventing you from working for a competitor after leaving your current employment is called a 'restrictive covenant' or 'restraint of trade' clause.
When you're resigning from your current workplace, write out a formal resignation letter to your supervisor to inform them properly but don't include where you're going. What is this? You don't necessarily have to tell them you're leaving for a competitor, but do know that it won't stay a secret.
You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.