Non Compete Clause

[LaMontABrown]

I was recently fired from a software company for "not- knowing" the software. And my time there was short (sixweeks) so if I'm use-less to them and worth-less, can I get out of the contract. I am interviewing with a competitor now.

 

[David_Staub]

The answer is "maybe." Agreements restricting competition are treated differently in different states, and sometimes even in different judicial districts within a state. Someone would have to be familiar with the laws of your state to give you a more complete answer.

Generally, non-compete agreements are disfavored by the courts and are scrutinized closely. However, the end result in any particular case turns upon a close examination of the specific facts relating to that employee and employer.

If the facts show that you had little or no exposure to sensitive information during the 6 weeks of your employment, a court might find that the employer has no protectible interest in enforcing the non-compete. If you had full access to the company's source code for 6 weeks and the employer felt you just weren't working out, the fact that they didn't hold your skills in high esteem doesn't mean that you can take your knowledge to a competitor.

If you really think that you don't pose a competitive risk to your former employer, often the best course is to ask the former employer to waive the non-compete agreement.

 

[Michael Wechsler]

David is correct. For the most part, if you didn't have access to critical information that would justify a non-compete then it won't be upheld. Most employers try to require all employees to sign them even if non-enforceable. Easiest would be to get the employer to waive it. If they object, then you might consider letting them know that you may take them to court for restricting reasonable employment.