Non-Compete Agreement

[Bubba1418]

Is a digital recording of a conversation with my manager during an exit interview enough to get out of a non-compete agreement?

In the conversation he stated that he would not enforce the non-compete if I chose to work for a competitor. He stated that I did well while working for him and that he would tear it up and not enforce.

I now have an offer from a competitor but the new company is concerned about the non-compete.

 

[presutin]

In many states, digital recordings are illegal and non enforceable. The fact that he did agree with you verbally may not translate when it comes to enforcing the piece of paper that you signed off on. If I were you, I would ask your current manager to void it in order to ensure that it will not come back to hunt you if you decide to proceed with the offer that you have just received. Good Luck!

 

[Bubba1418]

I'm in the state of Ohio and as far as I know digital recordings are legal.

I used them in a custody case by the advice of my attorney.

 

[cbg]

You're still better off asking an attorney in your state; we can't really gauge from here under what circumstances an agreement will or will not be enforceable, particularly when we haven't read it.