Testing Your Non-Compete

TAGS:

contract, employment law, non-compete agreement

John Borrowman, CPC
Borrowman Baker, LLC
Gallatin, TN

If you haven’t already been asked to sign one, chances are you will be. And maybe the time will come when you want to know how enforceable it really is. How do you get a reliable answer?

You might not even remember signing a non-compete agreement, per se. It might be part of a longer “employment agreement.” And if you are like most people, you might even have to dig around a bit to find where you put it.

Everyone will tell you that the next step is meeting with an employment law attorney. They’re right. Then comes the moment you are talking face-to-face with the attorney.

WRONG QUESTION

How enforceable is this agreement?

First, it is the wrong question because of the way that attorneys train to be advocates for either side of a particular issue. The answer you get could end up sounding like “on the one hand, on the other hand.” It is also the wrong question because it’s not the attorney’s question to answer. That’s what judges and juries are for.

RIGHT QUESTION

How would you defend me in this case?

This question takes you immediately to the heart of the problem. The strength—or not—of the answer will tell you everything you need to know.