Negotiated the Removal of a Non-Compete in an Employment Contract

We had a corporate client facing an issue, she had received a lucrative job offer with one caveat... it contained a non-compete clause that would not allow her to work within her location for a year after termination.

Background

The client facing the issue is a C-Suite level client within a multi-million dollar sales industry who received an offer that contained a non-compete clause. She wisely had the inclination to call her attorney to review it, but with the intent to discuss how harmful it would potentially be to sign the agreement. She was under the false belief that the document that was in PDF format and from a powerful corporation could not be negotiated. Client was advised that the document could be negotiated and that she non-compete was actually unenforceable as written.

Legal Strategy and Collaboration

We worked closely with our client to discuss all options included the possibility that she would have to walk away from the contract due to the company's non-compete and other clauses being overly invasive and predatory. We advised our client on options and drafted our counter to their offer. Our client went from believing she couldn't negotiate the employment contract to seeing firsthand the power she possessed upon knowing her rights, and the company's willingness to adjust the agreement to her demands.

Negotiations

Our efforts extended to negotiations between both the company and the company's hired legal counsel. Both scenarios would have been intimidating and overpowering to most clients but instead with legal counsel our client was able to fight fire with fire, and ultimately land a dream position without a non-compete and other predatory clauses with her rights fully intact and protected.

Great Outcomes

The difference in hiring Hall & Dixon and simply signing the agreement could have put the client out of business in her industry for over a year upon the termination of her employment instead she was fully protected and retained all rights for herself.

Impact Beyond The Case

Our impact created renewed trust and highlighted the risk and reward for our client, with her choosing to protect her interests and have peace of mind instead of falsely believing she would be wasting her money on an attorney billing her to read over an agreement that couldn't be amended. Good thing she trusted her intuition.

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