Negotiating Your Release

Before an employee with a signed restrictive covenant resigns and takes a job that may arguably violate the terms of the restrictive covenant, he or she should consider asking the current employers to waive the terms of the restrictive covenant. This is a strategic decision, and all possible scenarios should be analyzed. Some employers would simply never waive their contractual rights under any circumstances. But other employers will be open to a common sense evaluation is the particular business circumstances, and if persuaded that the employee poses no substantial threat to its legitimate business interests, the employer may release the restrictive covenant. As with many things, the devil is in the details. Can you offer a rational business justification for the proposed release? Can you turn the situation into a win-win for the employer? Do you have something to offer the employer in exchange for the release? The more likely that these questions can be answered in the affirmative, the better chance of success you will have.