I signed 9 month paid noncompete agreement with my current firm when I started. I got an offer from a new firm recently but the start date cannot be more than 3 months from now...9 months is a unreasonably long period because it can jeopardize my visa status (it is a gray area, but may very well count toward unemployment period). Given the current situation at my firm, I don't think they will enforce the full term of the noncompete agreement, but I need to plan for the worst case scenario. Would hiring a lawyer after I resign and send a letter to demand reduced noncompete term possibly work? Has anyone dealt with such situation? Edit: I'm on STEM OPT so I cannot be unemployed for more than 5 months TC 165k YOE 2
I haven't seen anyone voluntarily leave yet... Presumably people are all waiting on bonus pay then jump ship...
I'm moving from research to quant infra... What's my chance of getting away with it?
Maybe they have the 9 month non-compete because it would jeopardize your Visa status if you left, making it harder for you to leave them.
Chat with an employment attorney as you might be able to invalidate the non compete based on the visa (ie no job equals out of status which can be argued to be unreasonable burden). A non-compete is only allowed and enforceable to the extent it (1) is necessary to protect the employer's legitimate interests, (2) does not impose an undue hardship on the employee, (3) does not harm the public, and (4) is reasonable in time period and geographic scope.
And just FYI for everyone, non compete agreements are unenforceable in California.
9m is not bad compared with citadel. Bam will be likely to enforce full period. You can get a tech offer first
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Unless you get lump sum, you cannot be unemployed and paid at the same time on a H1B