You didn’t plan for unexpected legal issues to derail your career. Unfortunately, a former employer is now threatening action, or has already filed suit, over your decision to accept a new position. Suddenly, something most employees never expect to face—non-compete litigation—has stymied your ability to move forward professionally.
If you’re in Maryland and under legal pressure for allegedly violating a non-compete clause, you may wonder whether the agreement you signed will hold up in court and what you can do about it. The good news is you have more power than you think, especially if you prepare strategically and have the right legal support.
Smithey Law Group LLC understands how these battles unfold and how to navigate them effectively. We can assess your agreement, map out your defenses, and guide you every step of the way.
What Is Non-Compete Litigation and When Does It Start?
Non-compete litigation often begins when an employer believes a former employee poses a competitive threat. This fear may arise after an individual accepts a position with a competing company, launches a business in the same industry, or publicly announces a career change. In many cases, the employer may respond by alleging a violation of the restrictive covenant and:
- Send a cease-and-desist letter,
- Threaten legal action over breach of contract,
- Attempt to contact your new employer, or
- File a lawsuit seeking an injunction and damages.
Maryland courts, under Becker v. Bailey, 268 Md. 93 (1973), use a reasonableness test to determine whether a non-compete is enforceable. That gives you leverage if you work with a firm like Smithey Law Group, which knows how to use it to your advantage.
What Should I Expect?
If you’re the target of non-compete litigation, here’s what you may face:
- A formal complaint filed in state or federal court;
- A motion for a temporary restraining order (TRO) or preliminary injunction;
- Discovery demands such as requests for emails, contracts, or communications; and
- Threats of monetary damages, including lost profits or liquidated damages.
Maryland courts may grant immediate relief if they believe you’re actively violating a valid agreement. But that doesn’t mean you’re defenseless. Proper preparation can defuse threats before they escalate and prevent a TRO from derailing your new job.
How Do I Prepare?
You may be unable to avoid a lawsuit, but you can control how you respond. Start by gathering and reviewing these documents:
- Your signed employment agreement;
- Any non-compete, non-solicit, or confidentiality provisions;
- Your termination letter or separation agreement;
- Emails or memos about the scope of your role; and
- The job offer or contract from your new employer.
These materials will help your non-compete attorney assess whether the restriction is overbroad, whether you had access to protectable interests like trade secrets, and if your current role falls within the agreement’s reach.
Then take these early steps:
- Do not ignore cease-and-desist letters;
- Avoid communicating with your former employer without legal guidance;
- Refrain from deleting any emails, texts, or internal messages; and
- Ask your new employer not to respond directly without counsel.
Maryland courts weigh factors like intent, access, and fairness. Preserving documentation and limiting informal responses helps ensure the court sees a straightforward, fact-based narrative that supports your position and undermines claims of bad faith.
It is also essential to consult with a Maryland employment attorney as soon as possible. You need someone who understands the nuances of local case law and the pressure tactics employers use to intimidate former staff.
What Defenses Might Help Me Win?
Not all non-competes are created equal. And not all lawsuits succeed. Maryland courts recognize several defenses that can help employees avoid liability in non-compete litigation, including:
- Lack of consideration—if your employer asked you to sign the agreement after starting work, without added compensation; [IN MARYLAND, CONTINUED EMPLOYMENT IS CONSIDERED SUFFICIENT]
- Overbreadth—if the restriction covers too much time, space, or activity;
- No legitimate interest—if your role didn’t involve access to trade secrets or specialized knowledge;
- Public harm—if enforcing the clause would deny critical services (such as in healthcare or technology);
- Unclean hands—if the employer engaged in wrongful conduct themselves (e.g., wage theft, discrimination, bad faith termination); and
- Statutory exemption based on earnings—if you earned less than $22.50 per hour or $46,800 annually under Maryland’s Noncompete and Conflict of Interest Clause Act.
These defenses are often fact-specific. A seasoned attorney at Smithey Law Group can help frame your situation in the strongest possible light.
How Can Smithey Law Group Help?
When you’re facing non-compete litigation, proactive legal support can make the difference between resolving the dispute efficiently and becoming entrenched in costly litigation. At Smithey Law Group, we help Maryland employees take decisive, strategic steps to protect their rights.
Our attorneys can assist you by:
- Reviewing the language of your non-compete agreement to determine enforceability;
- Evaluating the legitimacy of your former employer’s claimed business interests;
- Analyzing your current role to assess whether it violates the agreement’s terms;
- Communicating with your former employer or opposing counsel on your behalf;
- Responding to cease-and-desist letters and demand notices with precision;
- Representing you in court if your former employer files a temporary restraining order or injunction;
- Asserting relevant defenses under Maryland law, such as overbreadth, lack of consideration, or public policy concerns; and
- Advising your new employer on risk mitigation strategies to avoid escalation.
Non-compete cases move quickly. With experienced legal guidance, you can confidently push back and protect your ability to continue working.
Contact Smithey Law Group LLC Today
At Smithey Law Group, we focus exclusively on employment and labor law. Our firm doesn’t just litigate. We lead. We have served on the Labor and Employment Section Council and the Board of Governors of the Maryland State Bar Association. Our attorneys are published authorities on workplace law and have represented executives, healthcare professionals, engineers, creatives, and everyday employees. Our job is to protect your job and your ability to build a career on your terms.
If you’re facing non-compete litigation in Maryland, don’t wait for things to worsen. Every hour you hesitate may strengthen your former employer’s case or weaken your own. Let us help you assess the threat, weigh your defenses, and reclaim control. We’ll explain your rights, challenge overreach, and fight back with precision.
