If you’ve signed a non-compete agreement, you may feel locked into your current job with no options for career advancement or exploring other job opportunities. However, it’s important to understand that a non-compete agreement isn’t always set in stone. In some cases, you may be able to challenge or even deduct the non-compete agreement.

Here are some important factors to consider if you are considering deducting a non-compete agreement:

1. The scope of the agreement

A non-compete agreement must be reasonable in scope. This means that it must not go beyond what is necessary to protect the business interests of the employer. For example, if you work in a specific location, the non-compete agreement should not prohibit you from working in a different location.

2. The duration of the agreement

Along with the scope of the agreement, the duration of the non-compete agreement must also be reasonable. If the duration of the non-compete agreement is too long, it may not be enforceable. Generally, a non-compete agreement should not exceed two years.

3. The nature of the employer’s business

The nature of the employer’s business will determine the enforceability of the non-compete agreement. If you work for a company that is involved in a unique industry or has a specialized niche, the non-compete agreement may be more enforceable.

4. The geographic scope of the agreement

Like the scope of the agreement, the geographic scope must also be reasonable. If the geographic scope is too large, it may not be enforceable. The non-compete agreement should only apply to the geographical area that the employer operates within.

5. Consult with an attorney

If you are considering challenging or deducting a non-compete agreement, it is important to consult with an attorney familiar with employment law. An attorney can help you assess your options and determine whether the non-compete agreement is enforceable under the law.

In conclusion, while non-compete agreements can feel binding, they are not always enforceable. If you are considering challenging or deducting a non-compete agreement, it’s important to understand the scope, duration, nature of the employer’s business and geographic scope of the agreement. By consulting with an employment attorney, you may be able to find ways to explore career opportunities and advance your career.