How can I get out of a contractual agreement from previous job?

"I signed a job contract stating if I left the company I would not get a position in the same field (nursing service) within 50 miles and within 18 months from the end of my termination/resignation date. I was terminated. I found a job 3 months later doing the same thing but within 50 miles of the previous employer. Now my previous employer has filed a suit against me and demanding I quit my current job because I am in breach of my contract. My current employer will not get involved or give me any advise, as they require the same contractual agreement. Is there a way for me to get out of this contract and keep my job? I have 2 children and really need this job."

Charis P

The short answer is that you will need to retain an attorney with experience in labor law to review the terms of your former employer's non-compete provision.

The enforceability of a non-compete clause is not based on whether you are a senior member or owner of the former employer. There are plenty of non-compete provisions that have been upheld that apply to people in staff positions.

Enforceability is generally based on the the reasonableness and scope the clause, but each state takes its own view of what is reasonable and what is not. The shorter the duration and the smaller the defined geographic territory is, the more likely it is that the courts will find the non-compete is enforceable.

Factors in assessing reasonableness also include compensation provisions during the non-compete period. If the employer is willing to offer compensation during the non-compete period, or is willing to rehire the employee, particularly if the compensation is competitive with the market, then many jurisdictions might find that, combined with a limited term and territory, such non-compete provision is enforceable.

It's unfortunate and discomforting that this has already reached the stage of actual litigation. You need to consult with an attorney ASAP.

sbinlb

I don't know about the specifics in your field or location. But typically unless you are an owner/senior member of the company, these types of agreements are not enforcable because a company cannot interfere with your ability to earn an income.
Try to find an employment attorney in your area who will give a free consultation.

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