How can I get my former employer to waiver my non-compete?

I was layed off in April 2008 by my former employer. In June 2010 I asked them to waiver my non-compete which I would then resign and take employment elsewhere. They declined, claiming that I have trade secrets, which technically I did not have access to their system since August 2009. I had an opportunity for employment elsewhere which is very difficult to find in my field. The company that wanted to hire me would not unless I had the non-compete waivered. They are not in direct competition, my former employer deals with pharmacueticals in litigation, the company that wanted to hire me deals with nursing homes in litigation. My former employers are keeping me from making of living until June 2011. I had already hired a lawyer to try to get the waiver with no success without taking them to court. I don't have to funds to take this to court. I cannot find a job in this area doing the kind of work that I previously did. How can I get this waivered so that the other company can hire me now.

1 answer  |  asked Dec 28, 2010 4:59 PM [EST]  |  applies to Ohio

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Bruce Elfvin
I am confused a little, if you were laid off in April of 2008 and cutoff from the employers systems in August of 2009, it would seem to me that there shouldn't be much left to release as it is now December 2010. I don't know what the terms of the non-compete are but Ohio is a blue pencil state which allows judges to re-write the agreements to meet the actual purposes of preventing unfair competition. I know you have seen a lawyer and tried to get a voluntary waiver, but it would seem to me that any non-compete that lasts more than 1 year should be well justified.

I do not know the terms of the agreement and cannot comment further.

posted by Bruce Elfvin  |  Dec 29, 2010 05:43 AM [EST]

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