Career
Non-compete and confidentiality clauses in plain terms
Two different clauses that are often confused, with very different enforceability.
A confidentiality clause restricts what you may disclose. These are generally enforceable and generally reasonable, since they protect genuine commercial information rather than your ability to earn a living.
A non-compete restricts where you may work after leaving. Enforceability varies dramatically: several states restrict or prohibit them outright, others enforce them only where narrowly drawn as to time, geography and activity, and the position has been shifting.
Non-solicitation clauses sit between the two, restricting approaches to former clients or colleagues. They are enforced more often than broad non-competes and are easier to breach inadvertently.
If a clause is presented at the point of leaving, or alongside a severance payment, it is a negotiation rather than a formality. Legal advice before signing is the cheapest it will ever be at that moment.
What to do next. Check how your state treats non-competes before signing, and take advice on any clause presented alongside a severance payment.
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stand in front of them. Start there.
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