How is a professional able to avoid signing a non-compete agreement? Imagine you are seeking a new job, and the prospective employer has provided you with either an employment agreement or an independent contractor agreement. In such a situation, it will likely include a non-compete whether you work in sales or are a healthcare practitioner.
A non-compete agreement likewise forbids the expert from offering a particular service during a given timeframe in a specified location. Today, leverage is the sole foundation of all negotiations. Therefore, two options are available to you if you are switching jobs, and they require you to sign a non-compete agreement first. One is to find a new position without a non-compete clause or to bargain with the terms of the one that already exists.
Be sure that you comprehend all of these terms and conditions before signing a non-compete agreement. Consult a Charlotte NC employment attorney for advice on the contract.
What if an employer demands non-competition?
It is now unlikely that you can entirely escape signing a non-compete if an employer requests it, solely based on our decades of experience here. The employer acts in this way for many clear reasons. The biggest worry of any employer is hiring a new worker or independent contractor. Relationships are built with people in the healthcare industry or with connections in business-to-business sales.
They amass a clientele before deciding to go at some point. They establish a competitor company next door, taking all their clients or business relationships. No boss wants it to occur. So a non-compete is in place for that reason. As an employee or independent contractor, you don’t want to sign a non-compete agreement preventing you from practising your profession.
Unless the employee is willing to give something up, most employers won’t say, “Okay, you don’t have to sign a non-compete.” A non-compete agreement is typical in the sales and healthcare industries, among other sectors. It’s merely a specific aspect of working in a field. Therefore, your employer is not trying to get you because they want you to sign an employment contract that includes a non-compete clause.
The reasonableness and enforceability of that non-compete clause are now additional issues. In a few states, non-compete agreements are entirely unenforceable. You must first determine whether one of those states applies to your state. Then, any state will apply reasonableness criteria in assessing whether the non-compete is enforceable.