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socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37811
Experience:  Retired (mostly)
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Hello, I worked for a company under a contract and they recompete

Customer Question

I worked for a company under a contract and they recompete for work so the contract to be renewed and the company did not win, however, I was given an incentive agreement to sign and there is a clause that says cannot work for winning company. how do i get out of the situation. should i resign?
Submitted: 3 years ago.
Category: Employment Law
Expert:  socrateaser replied 3 years ago.


What did you receive in exchange for your signing the incentive agreement?


Also, what is your job description?

Customer: replied 3 years ago.

I was suppose to receive $1000, but not paid out yet. The winning company offered me a position to come work for them.


Project Manager


Customer: replied 3 years ago.

are u still there?


Expert:  socrateaser replied 3 years ago.
D.C. courts are fairly employee leaning when considering noncompete clauses. The employer would have to show that you received something in exchange for your agreement, which you have apparently not received anything, including employment. And, the employer would have to show that its legitimate business interests would be injured were you to work for the new employer. This is not entirely clear, based on your allegations. The reason is that preventing you from working for the winning bidder does not mean that your current employer would have the job.

I can't guarantee that you won't have difficulties. However, if you do not accept the $1,000 and you do not actually work for the losing bidder, then it would be very difficult for the losing bidder to hold you to a noncompete.

Hope this helps.