If you’ve been asked to sign a non-compete agreement—whether before starting a new job or during your current employment—it’s critical to understand the impact that agreement could have on your career. Non-compete clauses are designed to limit where and for whom you can work after leaving a company. In many cases, they can severely restrict your ability to earn a living in your chosen field.
At Lebau & Neuworth, our employment law attorneys regularly assist employees in Maryland and Washington, DC with the review, negotiation, and litigation of non-compete agreements. We help workers understand their rights, identify overbroad or unenforceable clauses, and defend against unfair restrictions when necessary.
What Are Non-Compete Agreements?
A non-compete agreement—often part of a larger employment or severance contract—is a legal tool used by employers to prevent former employees from working for competitors or starting a competing business within a specific geographic area and timeframe after leaving their job. These agreements are sometimes referred to as restrictive covenants.
While originally used for high-level executives or employees with access to trade secrets, non-competes are now commonly presented to a wide range of employees, including mid-level professionals and specialists. Regardless of your role, signing a non-compete could limit your future employment options.
Why You Should Review a Non-Compete Before Signing
The best time to address a non-compete is before it’s signed. Once signed, the agreement becomes a binding contract that can be difficult—and costly—to dispute later. Our firm helps employees negotiate more favorable terms, reduce the geographic or time-based scope, or eliminate problematic clauses altogether.
We also provide legal support when:
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You are considering leaving a job and want to understand your restrictions
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You’ve already signed a non-compete and are unsure if it’s enforceable
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You’re facing a cease and desist letter from a former employer
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You’re being sued for allegedly violating a non-compete agreement
Are Non-Compete Agreements Enforceable in Maryland?
Non-compete agreements are not automatically enforceable in Maryland. Courts review these contracts carefully and will only uphold them if they are reasonable in scope and necessary to protect the employer’s legitimate business interests.
Maryland courts consider:
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Whether the employee provided unique services or had access to confidential information
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The duration of the restriction (typically no more than 2 years)
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The geographic scope of the agreement
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Whether enforcing the agreement would place an undue hardship on the employee
If a court finds a non-compete overly broad or unfair, it may refuse to enforce it—or modify it using what’s known as the “blue pencil” rule, which allows courts to strike out unreasonable terms without rewriting the contract.
When You Can Challenge a Non-Compete Agreement
You may be able to challenge the validity of a non-compete agreement based on several legal grounds, including:
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Lack of adequate consideration (e.g., no new benefits were provided when the agreement was signed)
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Unreasonable duration or geographic limits
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Undue hardship on your ability to work in your field
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Changes in your role or compensation that invalidate the original terms
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Being involuntarily terminated, which may weaken the employer’s justification for enforcement
Our attorneys will carefully evaluate your situation and develop a legal strategy to defend your rights and preserve your career options.
Who We Represent
Lebau & Neuworth represents a wide range of employees and professionals, including:
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Physicians and medical professionals
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Technology and cybersecurity employees
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Executives and C-suite leaders
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Sales and marketing specialists
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Engineers, consultants, and skilled tradespeople
Whether you are in private practice, corporate employment, or government contracting, we have the experience to address industry-specific issues involving restrictive covenants.
Our Approach
Our firm takes a proactive and strategic approach to non-compete issues. Depending on your situation, we may:
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Negotiate modifications before you sign
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Work with your future employer to resolve potential conflicts
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Seek a declaratory judgment to challenge the agreement’s validity
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Defend you in court if your former employer files a claim
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Help you craft a transition plan that avoids legal exposure
We tailor our approach to your goals—whether you want to challenge the non-compete entirely or simply reduce the risk of litigation while pursuing a new opportunity.
Talk to a Maryland Non-Compete Attorney Today
Don’t risk your livelihood by signing or ignoring a non-compete agreement without legal guidance. The employment lawyers at Lebau & Neuworth are here to help you protect your rights, evaluate your options, and defend your ability to work.
Contact us today to schedule a confidential consultation.
