I signed a noncompete with my company when I was a full time employee. I then resigned. I did work a few shifts as a PRN employee over the course of the next year. I did not sign a new contract. Is my noncompete still valid?

I initially signed on as a full time physician at a local practice. When I signed on I signed a non-compete clause for a time period of one year post termination. I resigned over a year ago. However, a few months after resigning I agreed to work a few shifts as a PRN employee. I've now been offered another full time position at a competing practice. Is my non-compete still valid? Should I just ask the HR department of former practice? Or get an attorney first?

1 answer  |  asked Sep 3, 2019 1:43 PM [EST]  |  applies to North Carolina

Answers (1)

Neil Klingshirn
The answer depends on the specific language of the non-compete. If it says you cannot compete for a period of time after a particular event, then the restriction exists for that period of time following that event. If the event was your resignation, the time was a year and that time has expired, then restrictions have probably expired.

Again, though, there is no substitute for the actual language. If your former employer disagrees with your reading, it can take you to court where ultimately a judge decides what the contract means. Before you end up in court, though, you should review the contract with your own attorney.

Former employer's HR is loyal to former employer. It is unlikely that you will get a completely unbiased objective read of the agreement from them. Instead, ask your attorney what he or she thinks the contract means and what, if any, notice you should provide your former employer.

posted by Neil Klingshirn  |  Sep 4, 2019 07:35 AM [EST]

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