Dear Dr. Mimi

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Dear Dr. Mimi,

I am thinking of taking a marketing position with a competitor similar to my current employer. I signed a yearlong noncompete agreement when I started with my current employer. My new employer wants me to sign a disclaimer stating that I am not bringing any past clients to the new job so that he won’t be sued. I am working primarily on commission. How enforceable is the agreement? I would really like to bring my contacts with me. —Tempted

Dear Tempted,

An agreement is an agreement. If you violate it, not only are you looking at a possible lawsuit but also at possibly being blackballed in your industry. And, you may even have to live with a guilty conscience. If you are a good salesperson, you will be successful without violating the agreement. If you are afraid that you will starve, stay with your current employer or ask for a higher base rate from your new one.

Dr. Mimi

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