Non-compete provisions are negotiable even after an employee has spent years working for an employer. Non-competes are negotiable because they are only enforceable in limited circumstances, expensive to enforce and courts will most likely edit their time and scope after the employer has spent considerable money trying to enforce its terms.
An Employee’s ability to negotiate the terms of a non-compete depends on a variety of leverage factors including, the circumstances of your departure, whether you are receiving compensation for the time you are restricted, the type of work you engaged in and your value to, and relationship with, your employer. A good time to re-negotiate the terms of your non-compete are in conjunction with a severance negotiation.