Can I have my restrictive covenant released?

Provided by:  Jennifer Kirschenbaum, Esq.

March 1, 2022

Question:
Hi Jennifer, 

I would like to leave my position and take a job within my non compete radius.  Can I have my restrictive covenant released? 

Thoughts?
Dr. P

Answer:
Sure, if your employer agrees.  Having a contractual provision released generally requires all parties to the agreement to agree to an amendment or agree to release. Here, with a non compete or entire restrictive covenant provision, dreaming of freedom doesn't work to crack the cage; you will likely have to address head on and ask for a release. Happy to discuss strategy on approach.