My Non-Compete SNAFU: How I almost went from a great offer to no job
Turns out non-competes are still alive and kicking in most of the US.
The Search
Earlier this year I decided that I wanted to move on from my current job at an early-stage cybersecurity startup. The job market is already a mess, and I really don’t fit cleanly into many job descriptions (two-time founder, quickstudy but without a deep subject matter expertise in some of the most commonly sought after areas). Translation? I sent out 50-100 applications (after scrolling through thousands), and nearly all of them ended with a short, simple denial email.
The one thing I do have going for me is a strong network of VCs, founders, and technical leaders I’ve gotten to know along the way. And as luck would have it, one of those connections was looking for someone exactly like me.
A Rollercoaster of Emotions
After five rounds of interviews, both the company and I were super excited to work together. There was an offer on the table, and all I had to do was sign.
And then–literally at the last moment–I discovered that I had a non-compete.
You might think “Wait, how did you miss something like that?!” Fair point. I actually did look at the beginning…but only at my personal email (where I received and accepted my current employer’s offer). What I didn’t realize was that non-competes don’t always come with the initial offer—sometimes they sneak in later, during onboarding. That was my situation. It was sitting quietly in my work email, and I had completely forgotten.
Had I signed with the new company and given notice, my current employer could’ve fired me on the spot. And here’s the kicker: I would’ve still been stuck honoring the non-compete (in my case, up to a full year on the sidelines).
Your Mileage May Vary
Here’s the wild part: I thought non-competes were basically over. Turns out…not so much. There is a national ban[1], but it’s tied up in court limbo and doesn’t actually apply right now.
If I lived in California (or one of the few other states where non-competes are banned), no problem. But I live in New York, where a ban was proposed in 2023—and then vetoed[2]. So here we are.
I even told a friend of mine in Silicon Valley about it, and they were shocked. They assumed non-competes were some early startup problem and were otherwise dead for years. Nope. Outside the Valley bubble, the rules are still very real.
The Letdown
Because the last thing I wanted was to leave my potential new company with a legal mess (or end up paycheck-less for an undefined amount of time), I asked them to run it by their legal team. They’re also an early-stage startup, and the thought of entangling them in a fight over me just felt wrong.
After a few days of digging, their lawyers came back with the verdict: too risky. That was that. I’d been pretty sure it was going to fall apart, but still…when I got the news, I was sick to my stomach for a couple of days. The only solace was that I caught my error before I made it worse.
Silver Linings
The twist? The founder of the company I couldn’t join ended up introducing me to my next job.
About two weeks later, they reached out and said they knew someone looking for someone like me. I looked at the job description and thought it was a stretch (I actually nearly passed on it from the start). But I figured that one conversation wouldn’t hurt.
Fast forward: six(!) rounds of interviews later, both sides realized it was a great fit. The parts that intimidated me at the beginning don’t worry me anymore. And now, I’m genuinely excited to join this team and give them everything I’ve got!
Your Turn
Have you ever run into a situation like this—a dealbreaker you didn’t see coming? Or something else that blindsided you in a job search?
The market is chaotic right now, and honestly, it feels like none of us know what’s around the corner. But if this experience taught me anything, it’s that the detours can lead somewhere better than you expected.
And for now? I’m just grateful to have a job I’m looking forward to again.