How to Handle a Non-Compete Agreement Before a Job Interview

If you’re a qualified hospitality professional preparing for your next move, a non-compete agreement can’t be ignored. Whether you’re a general manager, regional F&B director, or executive chef, you need to know exactly what you’ve signed, what it means, and how to handle it in an interview. This isn’t just about legal risk—it’s about protecting your career, your reputation, and your new employer.

1. Know the Law Before You Talk

Before you walk into any interview, have your non-compete reviewed by an employment lawyer. Bring all of your employment documents—not just the agreement itself. Ask three key questions:

1. Is the agreement enforceable in my province or state? Some regions—like California, Minnesota, and most of Canada—won’t enforce broad non-competes.

2. How long and how far does it restrict me? Most enforceable agreements last less than one year and apply only to a defined geographic area.

3. What, exactly, am I prohibited from doing? Many agreements restrict client solicitation or team recruitment rather than full employment.

Get a brief letter or email summary from your lawyer confirming your legal standing. You can show this to recruiters if needed, which demonstrates transparency and professionalism.

2. Be Transparent, Not Defensive

When asked, “Are you under a non-compete?” answer clearly and confidently:

“Yes, I signed one that limits me from recruiting former staff for six months. My attorney reviewed it, and it doesn’t restrict me from working in this market.”

That answer is concise, factual, and professional. It tells the recruiter that you’ve already handled the issue responsibly and won’t bring any legal complications with you.

3. Protect the New Employer

Employers are wary of candidates who might create legal exposure. Show that you’ve already taken proactive steps:

• Return all company property and files before leaving your previous role.

• Do not take client lists, recipes, supplier contacts, or internal data.

• Leave on good terms and notify your current employer in writing that you’ve complied with all confidentiality obligations.

In an interview, explain your approach directly:

“I’ve already returned all company data and confirmed compliance with my contractual obligations. I won’t bring over any proprietary information or contacts.”

This builds trust and positions you as a responsible, low-risk hire.

4. Know When to Negotiate

If you’re still employed and planning a transition, negotiate your non-compete before signing any new contract.

• Ask to limit the clause to a reasonable period, ideally six months or less.

• Define exactly which competitors it applies to.

• Request severance or paid leave during the restricted period.

Courts generally reject non-competes that are vague or overly restrictive. In Canada, Elsley v. J.G. Collins Insurance Agencies Ltd. set a clear precedent: restrictions must be reasonable in both scope and duration.

5. Be Prepared to Explain It

Recruiters want to know that you’re both legally free to work and fully aware of your professional responsibilities. Prepare short, confident responses to the most common questions:

• Duration: “It expires in June.”

• Scope: “It only limits working with certain clients, not competitors.”

• Resolution: “My lawyer confirmed that I’m clear to accept new employment.”

These quick, composed answers show that you’re informed, professional, and careful with legal details—exactly what hiring managers look for in an experienced leader.

The Takeaway

Your non-compete is more than paperwork—it’s part of your professional reputation. Before your next interview, confirm your legal standing, prepare a concise explanation, and demonstrate that you respect confidentiality and corporate integrity. Recruiters notice candidates who take these details seriously. It shows sound judgment, accountability, and executive maturity—the same traits that define a great hospitality leader.

When in doubt, don’t guess. Get legal clarity before you speak. That’s how you protect your career and prove you’re a professional who understands every side of the business.