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In this tutorial, Brian Barakat, a restrictive covenant attorney in South Florida, discusses strategies for getting out of a non-compete agreement. He emphasizes the importance of timing when considering this question, noting that negotiating power varies at different stages of employment—before, during, after, or when terminating employment. The ideal way to avoid a non-compete is to refuse or limit it during the initial interview and negotiation. If termination is imminent, employees can leverage consumer protection laws that safeguard their rights during transitions, including entitlements to overtime and certain payments. Employers are generally aware of these protections.
