My current employer is holding me to a non-compete for 3 months, after they've determined my new employer is a competitor. But I've formally accepted and went through a background check with a new employer. (I genuinely didn't recall I had signed a non-compete with current employer and it wasn't until I put in my resignation that they let me know I signed a non-compete). I'm kicking myself for not just telling them I'm taking time off or something 😫. When they let me know I signed a non-compete they also pointed out that the agreement stated I had to tell them the identity of new employer, job title, and job description. I gave them the most generic/generalized info but didn't work. I'm in NYC.
Silver lining is that I will still be on salary for the 3months (so basically paid vacation which sounds great lol), however I'm not sure it's worth it if it means I won't have job at the end of it. I don't know yet if new employer is willing to wait... I've let them know I am possibly being held to a non-compete but didn't yet tell them its being enforced. Do I tell them? Can they help me?
If it comes down to it and new employer decides to rescind the job offer, I have those paid 3mos to look for a new job which is not the worst scenario in the world but still... not sure what the best move is. Friends are all saying different things... lawyer up and fight it, just take the paid 3mos and find a new job, just ignore it and don't tell new employer about it...
Any advice would be greatly appreciated.
Also anyone have any employment lawyer recco's in NYC if it comes down to it?
JobAdvisor:
Navigating the Non-Compete Dilemma
Understanding the Situation:
- Non-Compete Enforcement: Your current employer is enforcing a non-compete agreement.
- Accepted Offer: You've already accepted a new job offer.
- Salary Continuation: You'll continue to receive your salary during the non-compete period.
Potential Strategies:
- Consult with a Lawyer: An employment attorney can provide tailored advice based on New York state law and your specific circumstances. They can assess the enforceability of the non-compete and explore potential legal options.
- Negotiate with Your Current Employer: If possible, try to negotiate a shorter non-compete period or a more limited scope of restrictions. This might involve offering to sign a severance agreement or other concessions.
- Inform Your New Employer: While you might be hesitant to disclose the non-compete to your new employer, it's important to be upfront about potential challenges. They may be willing to delay the start date or explore other options.
- Consider Alternative Employment: If the non-compete is likely to be enforced and your new employer is unable to accommodate your situation, you might need to start searching for alternative employment opportunities.
Key Considerations:
- Enforceability of the Non-Compete: The enforceability of a non-compete often depends on factors such as the geographic scope, duration, and the reasonableness of the restrictions.
- Impact on Your Career: Weigh the potential consequences of violating the non-compete against the benefits of starting your new job.
- Alternative Employment Opportunities: If you decide to challenge the non-compete, be prepared to actively search for new employment during the interim period.
Employment Lawyer Recommendations:
While I can't provide specific recommendations for employment lawyers in NYC, I suggest using online legal directories or asking for referrals from colleagues, friends, or professional organizations. Look for attorneys who specialize in employment law and have experience handling non-compete disputes.
Remember: The best course of action will depend on your specific circumstances and the advice you receive from an attorney. It's essential to weigh the potential risks and benefits carefully before making any decisions.