get out of non compete in reasonable way

getmore4less

saunaboy said:

Program management in health-care engineering. So x-ray equipment etc without being too detailed.
So I do know what is in development pipeline of last employer. BUT having me somewhere else after a while would have zero harm to ex employer - I'd simply be doing a slightly higher role in the other firm. Managing resources, costs, project priorities etc. So it is knowledge & know how that is the issue at hand, not any sales or clients leaking.

Pipeline knowledge is commercially sensitive information and pretty useful to direct competition. 

At a program management level there would be other useful knowledge at the detail level.

Depending on product cycles 6 months could well be reasonable.
The sort of time frame any developments would be public domain through sales channels.

TELLIT01

First step is to determine how long the prospective new employer is prepared to wait.  Once you know that it may be worth contacting the former employer to see if they would be OK with you starting with the new employer within the non-compete period.  If the work you are doing has no direct effect on them they may agree. 

Non-compete clauses are often used to prevent customers being stolen or development information being used.  If your new role is effectively 'back-office' they may have a softer line.

Sandtree

getmore4less said:

In these situations I think one key element is what the prospective employer would do if the old company with non compete clause comes after you.

Would they defend or just drop you, as they could get pulled into a case.

Most likely neither... a former employer seeking damages from their former employee is nothing to do with that persons current employer unless some form of agreement was made up front. 

The three routes forward are normally 1) hope you get away with it 2) get your new employer agree to defend/pay 3) get permission from your former employer. I suspect that the vast majority go for option 1.

In theory you could get legal opinion and in theory that opinion gives access to a claim should their advice be wrong but the reality is that the advice is likely to have sufficient caveats and uncertainties in it that there;d be no prospect of a claim - even if it says theres a 90% chance a claim against you would fail it still acknowledges there is a material chance a claim would succeed (and its unlikely any solicitor would give such a prediction anyway).

Slinky

What if you went via an employment agency who place you at the competitor firm on a short contract until after the 6 months is up at which point the competitor then employs you? You wouldn't be directly employed by the competitor initially........... has that got any mileage?

Jillanddy

Slinky said:

What if you went via an employment agency who place you at the competitor firm on a short contract until after the 6 months is up at which point the competitor then employs you? You wouldn't be directly employed by the competitor initially........... has that got any mileage?

Not likely - if it landed in court then I doubt you'd get any points for honesty, plus the clause usually prohibits undertaking work for, not just employment with.