How to Void A Non-Compete

[Avatar22836]

Jurisdiction

Massachusetts

Hello,

I had signed a non compete for my job. I was hired to run equipment which I was told would be ready to go in 60-90 days. It has been about 5-6 months now. I have reached a somewhat mutual agreement to end employment for my employer. There is a standard garden leave clause in my non compete, but there was no mention of voiding it or how to execute it. I am interested in just voiding all responsibilities on both ends and moving forward with my career. What do I need to do to prevent issues with a future employer?

 

[Zigner]

Hello,

I had signed a non compete for my job. I was hired to run equipment which I was told would be ready to go in 60-90 days. It has been about 5-6 months now. I have reached a somewhat mutual agreement to end employment for my employer. There is a standard garden leave clause in my non compete, but there was no mention of voiding it or how to execute it. I am interested in just voiding all responsibilities on both ends and moving forward with my career. What do I need to do to prevent issues with a future employer?

When you asked your employer for a release from the non-compete, what did they say?

 

[Avatar22836]

When you asked your employer for a release from the non-compete, what did they say?

I had sent an email saying I want to end all responsibilities, but I did not receive a response. I am thinking of sending another one with more recipients. I am a little unsure of what I need though. Will they provide a document or should I have something? What exactly should I look for to make sure I am protected?

 

[Zigner]

I am not a lawyer and am not going to recommend specific wording, however, you should be looking for a document that specifically refers to the prior document and mentions that you (plural) are mutually releasing the other from any duties brought about by that document, along with other stuff.

 

[zddoodah]

I had signed a non compete for my job.

The terms of which are what? Did you sign it before or after being hired? If after, did you receive any consideration for signing it?

There is a standard garden leave clause in my non compete

I've never heard of a "garden leave clause." What does this clause say?

but there was no mention of voiding it or how to execute it.

Not sure what the second part of this might mean or why there would be "mention of voiding it."

I am interested in just voiding all responsibilities on both ends and moving forward with my career. What do I need to do to prevent issues with a future employer?

The first thing you do is talk with your now former employer about what you want and to discuss if the employer is agreeable.

I had sent an email. . . . I am thinking of sending another one

How about a phone call?

 

[Avatar22836]

The terms of which are what? Did you sign it before or after being hired? If after, did you receive any consideration for signing it?

I signed it before I started. It is for 1 year.

I've never heard of a "garden leave clause." What does this clause say?

It has to do with a Massachusetts non compete law. It says I should get 50% pay or a mutually agreed upon amount for following the non compete for 1 year or until I get a job.

Not sure what the second part of this might mean or why there would be "mention of voiding it."

If they have obligations under the agreement, wouldn't they have an interest in voiding it or making good on their agreement.

The first thing you do is talk with your now former employer about what you want and to discuss if the employer is agreeable.

I am doing so but would also like a little more background, especially if I am not getting a response and feel like they might just ignore it for as long as possible.

How about a phone call?

Will do!

 

[zddoodah]

Please try not to respond within a quote box. It's difficult to separate the response from the quoted language.

It is for 1 year.

Meaning what? What does it purport to restrain you from doing? And does it do so for a period of one year? Are there any geographic limitations?

It has to do with a Massachusetts non compete law. It says I should get 50% pay or a mutually agreed upon amount for following the non compete for 1 year or until I get a job.

Not really following what this means. Perhaps you could upload a copy of the document (with identifying information redacted).

If they have obligations under the agreement, wouldn't they have an interest in voiding it or making good on their agreement.

A party who enters into a contract does not generally, at the time of making the contract, have any interest in voiding it. In most cases, the parties who make contracts intend to make good on their agreements.