You have been working as in-house counsel at a company for a number of years but are ready to make a move. After wading through the hiring process, you have accepted a position as associate general counsel at a company that competes, in part, with your current employer. You hand in your resignation and announce where you are going. Your employer responds by pulling out your employment agreement, pointing to a restrictive covenant and telling you that you are not allowed to work at the new company.

Maybe you vaguely remember signing the agreement. Maybe you don’t. Either way, the employment agreement contains a noncompete provision that seemingly will prevent you from working at the new company. Will your current employer be able to stop your move?

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