They might say that breaking up is hard to do, but with some persistence, common sense and compromise you can succeed many times in breaking a non-compete you signed with your current and former employer. Do MD, DC and VA allow for non-competes? Absolutely. The only state that is doggedly aganst them is California. So once signed, how do you try to get out of it? Here are steps to follow: 1) check to see if there is a reasonable geographical and time limitation-- courts disfavor non-competes with no geographical boundaries and ones that are over three or so years;2)see if your employer complied with al the terms of the agreement the non-compete is found in-- if the employer has breached something, argue that the agreement with the non-compete is void or voidable; 3) have the employer list the clients he or she is really afraid you will pirate- and just agree in writing not to take those and void out the rest of the non-compete agreement; and 4) say you are going to get a court to give you an opinion as to whether the non-compete is legal or not-- most employers do not want to incur the cost of court, and if you say you are going to court, many employers will relent and compromise with you. And when in doubt, see an attorney. The cost of a consultation is well worth the agony that could come from a non-compete just when you want to break away and go into a different and perhaps more promising venture.
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