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ing to Blacks Law Dictionary, a noncompete agreement (covenant not to compete) is: A promise, usually in a sale-of-business, partnership, or employment contract, not to engage in the same type of business for a stated time in the same market as the buyer, partner, or employer.
Some states (California and a few others) have made non-competes void by statute, but even in states that have not passed anti-non-compete laws, courts have been trending toward avoiding enforcement of these provisions (in favor of the employee) for years.
The following are the most common ways to get out of a non-compete agreement: Determine that the terms of the contract do not in fact prevent you from a desired course of action. Recognize when a non-compete contradicts the law. Negotiate a release agreement with the involved parties. Ignore the agreement.
Furthermore, some states, such as California, North Dakota and Oklahoma completely ban non-compete agreements. Whereas other states, like Oregon (Senate Bill 169) and Nevada (Assembly Bill 47 22.5(7)), have even passed laws that severely limit the enforceability of non-compete agreements.
Although every non-compete agreement and employer are different, you may be able to get out of a non-compete by raising one of the following defenses: The employer breached your employment contract; The restrictions are overly broad; or.
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Several factors can void or limit the enforceability of a non-compete agreement, including overly broad restrictions, unreasonable time frames or geographical limits, lack of consideration (such as compensation or job opportunities provided in exchange for the agreement), and violation of public policy.

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