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Labor & Employment

Non-Compete

The new job is accepted, and then a letter arrives from the former employer's lawyer, sometimes addressed to the new employer as well. How you respond in the following days can shape everything that comes after.

Reviewed

01 GUIDE

Non-Compete: what usually happens

How enforcement usually starts

Former employers commonly begin with a cease-and-desist letter reminding you of the restriction and demanding confirmation that you are complying. Some go further and ask a court for a temporary restraining order or a preliminary injunction, and those requests can move quickly, sometimes within days of filing. Claims about trade secrets or confidential information often travel together with the non-compete claim and can be harder to answer if any company material left with you. The new employer may be named too, which is why many hiring companies want to review the restriction before an offer is final. Whether a court will enforce the restriction depends on the state, the language, and the interest the former employer can show.

Steps that help, and steps that hurt

Return company property and devices as requested, and do not keep copies of company files, customer lists, or pricing data on personal accounts. If something was already moved, tell your lawyer rather than deleting it, because deletion can look worse than the original copy. Be careful with former clients: a general announcement of a move is often treated differently from reaching out to solicit their business, and the agreement's wording decides a lot. Do not respond to the letter yourself in a way that admits facts or makes promises. Keep the agreement, the letter, and the offer from the new employer.

Planning the next move

If you have not yet left, timing and planning often matter more than anything else. We look at whether the restriction is likely to be enforceable as written, what it actually prohibits, and whether the new role can be structured to stay outside it. A negotiated release or a narrower understanding with the former employer is sometimes possible, particularly when the new role does not truly compete. Some new employers agree to cover legal costs, and that should be settled in writing before you start. If you are the employer trying to protect a relationship or information, we review what can realistically be enforced before any letter goes out.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

03 CASE RESULTS

Matters we have handled

Prior results do not guarantee a similar outcome.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about non-compete and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.