Anyone know the legal ramifications to a company making an offer to a potential new hire who has an existing non-compete agreement? This would be from a direct competitor and I have no US legal counsel to help advise.

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Oy..I know some places are trying to get rid of non competes but it has awhile until that pushes through the legal system. Until then, it depends on the level of the position/candidate, the other employer and how likely they are to pursue it, etc. I’ve found a lot of times they might send a scary letter but it doesn’t always gets pursued. One unique scenario was a small company owner did go after someone and the person being intimated ultimately declined the offer (so needing the consider the motivation of the competitor company and if they feel there is a true risk to pursue legal action). Something that helped me in a situation I had once is having the candidate basically ask them to make it not enforceable if the position doesn’t quite exist in their same organization (therefore the only way for he/she/they to pursue their interest was outside of the org). It worked but I would weigh how challenging can this possibly be without legal counsel.

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