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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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If I am terminated from a job does my non compete hold up?

Customer Question

If I am terminated from a job does my non compete hold up? my understanding is that if I am let go it is no longer valid. Is this correct?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
My apologies but that is false. A non-compete survives termination, whether the termination is voluntary or involuntary. It only is deemed invalid in two separate situations:
1. If the agreement itself states that if you are terminated by the employer the non-compete is invalid OR
2. If the employer WAIVES and releases you from the non-compete.
Otherwise the agreement remains in force.
Sincerely,
Dimitry, Esq.