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Brian Barakat, a restrictive covenant attorney based in South Florida, discusses strategies for employees looking to escape non-compete agreements. He emphasizes the importance of timing when considering how to get out of a non-compete: whether at the beginning, during, at the end of employment, or afterward, as negotiation power varies significantly. The optimal way to avoid a non-compete is to not sign it during the initial interview; employees should either refuse to sign or negotiate limited terms. If termination is imminent, employees can leverage various consumer protection laws that support their rights during transitions, as most employers recognize these protections.
