Paid noncompete?

Balyasny Asset Management QbzH54
Jan 23, 2019 7 Comments

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


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TOP 7 Comments
  • LinkedIn squeak
    And just FYI for everyone, non compete agreements are unenforceable in California.
    Jan 23, 2019 0
  • Finale Inventory / Eng huHG50
    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.
    Jan 23, 2019 0
  • This comment was deleted by original commenter.

    • Balyasny Asset Management QbzH54
      I haven't seen anyone voluntarily leave yet... Presumably people are all waiting on bonus pay then jump ship...
      Jan 23, 2019
    • Balyasny Asset Management QbzH54
      I'm moving from research to quant infra... What's my chance of getting away with it?
      Jan 23, 2019
  • Citadel Patel2
    9m is not bad compared with citadel. Bam will be likely to enforce full period. You can get a tech offer first
    Mar 20, 2019 0
  • Bridgewater Associates EUFJ27
    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.
    Jan 23, 2019 0
  • Uber / Eng GloblBuilt
    Unless you get lump sum, you cannot be unemployed and paid at the same time on a H1B
    Jan 23, 2019 0


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