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In this video, 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—whether at the beginning, during, at the end, or after employment—as it affects your negotiating power. The most effective way to avoid being bound by a non-compete is not to sign it at the outset. During initial negotiations, candidates should either refuse to sign or seek to limit the terms. Another opportunity to challenge a non-compete arises when terminating employment, as there are consumer protection laws that may assist employees during transitions, including rights to overtime and certain payments, which most employers recognize.
