I want to join a start up in my industry but I need to rescind a job acceptance from a more establish company. I resigned from my old job and didn’t start the new job yet. Is the non compete I signed, as part of the job offer acceptance for the position with the bigger company, enforceable if I rescind my job acceptance before I actually start a new job? I don’t think it is. I didn’t receive a sign on bonus so no additional consideration was exchanged from my understanding of my law classes.

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Depending on your level of concern it may be worth paying for an hour of a lawyer time for a quick doc review.

I’m 80% sure it would end up being a waste of money but on the off chance your (pending) current employer makes a big deal out of it you’ll already have a lawyer who is familiar with the contract. An hour should run ~$400 +/- $200 depending on your location and the firm you choose (assuming they don’t charge you a retainer fee).

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I doubt they would enforce it. The point of the non compete is so you don’t run to the competition and spew trade secrets or steal clients. Since you haven’t even started, you don’t have anything of value to share with the competition. You may have signed an NDA during the interview process, which would be enforceable.

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