John Borrowman, CPC
Borrowman Baker, LLC
Non-compete agreements are the sort of thing that you think about when you sign one coming on board and never think about until you are considering a job change. Your default move is to meet with an employment law attorney, but don’t bother asking if the agreement is enforceable.
The fundamental reason not to ask your attorney is that it isn’t your attorney’s question to answer. Whether your non-compete agreement or any agreement for that matter. is enforceable is a question for judges and juries. (And if you have spent any time in a courtroom, you might prefer not to put the question in their hands.)
The second reason has to do with how attorneys are educated and trained to be advocates. Notice how fluidly they can move from plaintiff or prosecution to defense. So when you ask whether an agreement is enforceable, what you hear may sound like the usual “on the one hand, on the other.”
So, what is the right question?
How would you defend me?
The response you get will tell you everything you need to know, including whether you should seek a second opinion.