I've never heard of this happening, although theoretically it is possible.
A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. firstname.lastname@example.org Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.
I agree with my colleague. Good luck.
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In the financial industry-stockbrokers often sign none compete clauses, and yet jump from one firm to another, and the issue is resolved by means of arbitration pursuant to industry rules. Doctors can have non-compete clauses in their employment agreements, but lawyers cannot.
I concur that a new employer is opening a Pandora's box by filing an OTSC. It would be better to have the new employer's attorney contact the old employer to negotiate a resolution or release.
Non-competes are disfavored, but will be upheld IF "reasonable" as to time and territory. An individual cannot be prohibited from working altogether, and forever.
If you need the name of an employment attorney, I can recommend two or more.
The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.
This would not be the best strategic approach.
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