I am an associate at a UMM and my employment contract has a 4 month non compete (yes, even for associates) but I am thinking of lateraling. What are the implications of breaking a non compete? I didn’t say anything when I signed because I was desperate for a PE offer but it seems so unfair as I am just a lowly associate. I am not so much worried about getting sued, but about my current employer tanking my reputation if I leave and break the non compete.

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Wouldn't you get gardening leave?

Spend a few bucks with a lawyer and check. Depending on the state, it may not be enforceable. There has been quite a bit of news with various tech executives jumping ships and most have sided with the employee

I think if you only have 4 months it's just best to wait it out instead of risking other opportunities

You clearly misunderstand the nature of a non-compete

I think a more pertinent question is why you want to leave 4 months in (and why you think another firm will solve whatever issues you might be facing now)

Ah got it - makes sense. Sorry didn’t read/understand that at first. That is strange….good luck!

That's not too bad to be honest, I've seen worse!

I'd wait it out. It may not seem like a big deal to you, but the firms I've worked for take non-compete agreements very serious, regardless of level or role. There's a very real possibility they will sue you. It's not worth the risk, IMO.

Not a lawyer:
I would imagine if you're on a megafund and your other firm has any deal activity (buy/sell/DD) with one of the portcos and there could be concern - much more so if it's a public company.

Where are you HQ’d?

Non competes for associates are generally not enforceable. In many cases you also are required to receive adequate monetary consideration for signing one.

If you are in a liberal state I would wager odds are even more in your favor. Your employer could tank your reputation regardless so wouldn’t use it as a decision making factor.

It’s PE, so likely NY, SF then maybe somewhere in Texas or Florida

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