non compete clause on in 5 year of NIW

H

hurricanemd

Registered Users (C)
if one has signed a non complete clause with employer in 5th year of NIW, is it binding or non binding ( like in J1 waiver ,the non complete clause is non binding), i changed employers after 4 th year.
any feedback is appreciated .
i am thinking of starting own practice , but not sure if worth the fight with the current employer when i leave.
 
Whatever you sign is binding, unless one party or the other challenges it in court.

If you are in a HPSA or MUA, many state courts will not uphold a non-compete if upholding it would be contrary to the publics interest. This doesn't mean that a non-compete you signed under a J1 or NIW related employment contract is automatically void. If you violate it, your employer is free to go to court and get a judgement against you, it would be up to you to fight that judgement in the hopes of getting the non-compete tossed out (in the process you are going to spend more money on attorneys than the non-compete would have cost you).
 
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