issues

Non-Compete & Non-Solicit Agreements

Executives and professionals face unique risks in their employment agreements. Outten & Golden has deep experience in this area, protecting careers, reputations, and future opportunities.

Noncompetition and non-solicitation agreements can limit your earning power, restrict your mobility, and threaten your reputation. Outten & Golden is at the forefront of negotiating and challenging these contracts. 

 

A noncompete agreement is a contract that blocks you from starting or joining a competing business, often for months or years after you leave a position. A non-solicit tries to prevent you from reaching out to former clients or colleagues if you move on.

These restrictive covenants can put your next opportunity and your professional trajectory on hold. They are everywhere, impacting executives and professionals across industries and making it harder to advance your career.

But restrictive covenants are not always enforceable. Some states ban noncompetes entirely, while others allow them under some circumstances for certain professions or highly compensated employees. We’ve helped clients nationwide negotiate fair terms and challenge restrictions that threaten their careers.

Executives and professionals’ reputations are built on relationships. If you’re blocked from working in your field or reaching out to former clients, it can be difficult to maintain your professional relationships and advance your career.

Outten & Golden understands the stakes for executives and professionals. Our attorneys have helped clients break free from unfair restrictions, negotiate better terms, and safeguard their professional reputations. If you’re facing a noncompete or non-solicit, contact us today to discuss your options.

Framing the Issue

  • If you’ve ever felt boxed in by a noncompete, you’re not alone. Nearly one-fifth of workers are covered by a noncompete agreement, and more than a third have been affected by one in their careers. 
  • Strict enforcement of noncompetes lowers wages for women and people of color by twice as much than white men, making it even harder to close pay gaps and move up the ladder. 
  • Non-solicit agreements cut you off from clients and colleagues. They may even violate federal law, according to the U.S. Department of Justice and the Federal Trade Commission.
  • Research shows that executives in states with stricter noncompete enforcement often see slower raises, fewer chances to move up, and less involvement in innovative work. 
  • Non-compete agreements aren’t just for top executives. Professionals in tech, finance, healthcare, and even education are increasingly being asked to sign them. 
  • Even if you live in a state where noncompetes are unenforceable, your employer might still use one to pressure you not to work for competitors. It’s common to feel trapped, even when the law is on your side. 

Notable Matters

  • Negotiated post-employment restrictions for a C-suite marketing executive in connection with retirement.
  • Advised a senior media executive on post-employment restrictions during an exit from a major entertainment company.
  • Negotiated post-employment covenants for two managing directors following the sale of their equity interests in the company as part of its acquisition.

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If you’re affected by a noncompetition or non-solicitation agreement, we're here to support you.

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