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Patrick, Esq.
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My husband is in radio and not sure if he has a no compete

Customer Question

My husband is in radio and not sure if he has a no compete clause with the company that bought out his old company. He has been approached by another company to work in our area. What should he do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If your husband did not sign a non-compete clause, then there would be no issue at all with accepting a job with a competitor. However, if he did sign a non-compete clause, then he is likely contractually bound not to accept a job with a competitor as specified in the agreement. The terms of the agreement are what will control, and those terms will be enforceable provided they are not "unreasonable" (non-competes with a duration of less than 2 years are generally considered reasonable).

If your husband signed a non-compete, then his options are to abide by the terms of his agreement and decline work from a competitor, attempt to "buy himself out" of the non-compete by offering to pay his employer some amount of money in exchange for a release from the non-compete, or to simply accept the job and hope that his current employer either doesn't find out or is not motivated enough to sue.

So, the first step here for your husband is to read his employment contract and determine whether he signed a non-compete agreement. If he didn't, then all of this stuff about the enforceability of non-competes is irrelevant and he can accept the job without any sort of repercussion. But if he did sign a non-compete, then he needs to carefully decide his course of action from the options outlined above.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.