You've found a strong candidate with exactly the experience your company needs. They've worked for a competitor, understand your industry, and could make an immediate impact. There's just one complication: they've signed a non-compete agreement. Does that mean you can't hire them? Not necessarily. But it's something you should understand before moving forward. Can You Hire Someone With a Non-Compete Agreement? Yes, you can hire someone who has signed a non-compete agreement, but whether they can legally perform the new role depends on the agreement and applicable state law. A non-compete doesn't automatically prevent someone from accepting another job. In 2024, the Federal Trade Commission (FTC) announced a nationwide rule that would have banned most non-compete agreements. However, the rule was blocked by a federal court and never took effect. The FTC subsequently abandoned its appeals. Today, enforceability largely depends on state law and the specific terms of the agreement. California generally prohibits employment non-compete agreements, subject to limited exceptions. New York takes a different approach, allowing certain restrictions when they're reasonable and protect legitimate business interests. For more information, see the FTC's guidance on its non-compete rule and the New York Attorney General's overview of non-compete agreements. Why Should Employers Be Concerned? Companies use non-compete agreements to protect business interests, including confidential information, customer relationships, and proprietary technology. But when you're hiring someone who has signed one, the concern is different. Even if the agreement ultimately proves unenforceable, a former employer could challenge the hire. That can mean legal expenses, delays in the employee's start date, or restrictions on the work they can perform. For technology companies, this can be particularly relevant when recruiting engineers, product leaders, or executives from direct competitors. A non-compete doesn't necessarily make someone a bad hire. But you want to know what you're dealing with before you make an offer. Four Steps to Take Before Hiring 1. Ask about restrictions early. One mistake employers can make is waiting until the end of the interview process to ask about employment restrictions. By that point, the hiring team may have spent weeks interviewing someone, agreed on compensation, and started planning around their arrival. Discovering a potential non-compete at that stage creates an unnecessary complication. Ask candidates early whether they're subject to a non-compete, non-solicitation agreement, or other employment restrictions that could affect the position. It's a simple question that can save everyone considerable time. 2. Have an employment attorney review the agreement. Don't assume an agreement is enforceable just because a candidate signed it. And don't assume it's invalid because you've heard non-competes are banned. An attorney familiar with the applicable state law can assess the agreement, the proposed position, and the potential exposure for your company. 3. Consider whether the role creates a conflict. Sometimes the concern is limited to particular customers, products, responsibilities, or competitive activities. Depending on the agreement and applicable law, it may be possible to structure the employee's responsibilities to avoid those conflicts. That's a decision to make with legal counsel, not something to work out informally with the candidate. 4. Protect confidential information. Make it clear that you don't expect or want the candidate to bring confidential documents, customer lists, source code, or proprietary information from a previous employer. Hiring someone's experience and expertise is one thing. Using their former employer's confidential information is another. Should a Non-Compete Stop You From Hiring? Not automatically. Experienced professionals often move between companies in the same industry. In specialized technology markets, competitors may be among the most relevant sources of talent. A non-compete is a potential hiring risk that deserves attention, not necessarily a reason to eliminate an otherwise qualified candidate. The important thing is to address it early, before the company and candidate have invested substantial time in a hiring process that could become complicated. The Bottom Line Hiring someone from a competitor can bring valuable experience and industry knowledge into your organization. A non-compete agreement shouldn't automatically discourage you from considering that person. Ask the right questions, understand the restrictions, and involve employment counsel when necessary. A little diligence early in the hiring process can help prevent a much bigger problem later. This article provides general information about hiring and employment restrictions, not legal advice. Non-compete laws vary by jurisdiction, and employers should consult qualified employment counsel regarding specific situations.

  When a valued employee resigns, making a counteroffer can seem like the easiest way to keep them. But before offering more money, managers need to understand why the employee wanted to leave in the first place. My advice to managers is generally not to make a counteroffer. I understand the temptation. Losing an experienced engineer, technical leader, or another important member of your team creates an immediate problem. Projects can slow down, responsibilities need to be reassigned, and replacing someone takes time. Offering more money may seem easier than dealing with all of that. But keeping someone for another few months isn't necessarily the same as retaining them. Why Counteroffers Often Don't Work 1. The reasons someone wanted to leave haven't changed Compensation matters, but it's rarely the only factor driving someone to consider another job. In my conversations with technology professionals over the years, some of the most common motivations for making a move include: Working with more interesting technology Career growth or opportunities to develop new skills Flexibility and work-life balance Confidence in company leadership and direction Feeling valued and recognized Frustration with management, deadlines, or organizational instability An increase in salary doesn't necessarily address any of these concerns. Consider a software engineer who wants to move into a more technically challenging role. Their employer offers a substantial raise to stay, but the work remains the same. The employee may appreciate the additional compensation, but the reason they started looking hasn't gone away. Before considering a counteroffer, ask yourself whether you can actually address what's driving the employee's decision. 2. The relationship may never be quite the same Trust is one of the most important parts of any working relationship. When someone resigns, it can change how both the employee and manager view that relationship. The manager may wonder whether the employee is committed to staying. The employee may question why it took a resignation to receive better compensation or recognition. That doesn't mean either person has done anything wrong. Employees have every right to explore other opportunities, and managers shouldn't treat that as a betrayal. But the dynamic can change. I've seen how difficult it can be to move forward when one or both parties have lingering doubts. Even when everyone has good intentions, the relationship isn't always as comfortable as it was before. A counteroffer should never be made without considering whether the relationship can genuinely move forward. 3. If compensation is the problem, address it before someone resigns Sometimes money really is the primary issue. If an employee is performing well but is significantly underpaid relative to the market, an adjustment may be appropriate. But why did it take an outside offer to recognize the problem? If multiple employees are leaving the same team for better compensation, that's a management issue worth investigating. Organizations should regularly evaluate compensation, particularly for experienced technology professionals whose skills and responsibilities have evolved. Waiting until someone resigns puts the company in a reactive position. It can also send the wrong message to other employees: the best way to get a raise is to find another job. I've Made Counteroffers. Both Were Mistakes. I've spent decades recruiting and managing people, and I've been on both sides of these conversations. Despite my views on counteroffers, I've made them twice. Both employees were people I'd invested considerable time training. They were becoming successful, and I believed we had strong relationships. When they resigned, I didn't want to lose them. Both wanted to pursue opportunities in a different industry. Looking back, that should have told me everything I needed to know. Instead, I let my emotions influence my decision. I made counteroffers. Both accepted. I told myself I wouldn't treat them differently or allow the relationship to become uncomfortable. And I didn't. The additional money initially made them happy. But before long, both resigned again. Their reasons for leaving hadn't changed. They wanted to work in a different industry, and I couldn't offer that. I went through the disruption of losing each employee twice. With hindsight, I would have been better off supporting their decisions the first time and focusing on finding the right replacements. When Does a Counteroffer Make Sense? I wouldn't say never. If compensation is genuinely the only issue, the employee wants to stay, and the company can make a sustainable adjustment that's fair to the broader team, a counteroffer may be reasonable. But the manager needs to be confident that the employee is choosing to stay for the right reasons. Another option is to discuss a transition arrangement. If someone is critical to an ongoing project, perhaps they're willing to provide additional notice, help train a replacement, or support the organization temporarily as a consultant. That may be a better business decision than trying to persuade someone to stay in a position they've already decided to leave. The Better Approach: Understand Why People Leave Before They Resign The best time to address retention isn't after an employee has accepted another offer. Managers should have regular conversations about career goals, compensation, professional development, workload, and what employees want from their next few years. Those conversations won't prevent every resignation. Nor should they. Sometimes moving on is the right decision for the employee. The objective is to avoid being surprised by issues that could have been addressed months earlier. My view hasn't changed: When a good employee decides it's time to move on, it's usually better to respect that decision, support a smooth transition, and focus on what comes next. A counteroffer may buy you time. Just make sure you're not confusing that with solving the problem. Zak Brocchini is Managing Partner of 2Bridge Partners, a technology recruiting and staffing firm he co-founded in 2015. He has spent decades recruiting, building teams, and advising organizations on technology hiring decisions.

  Asking for a raise can be uncomfortable, even when you're confident that your work deserves greater compensation. Knowing you're making a valuable contribution is one thing. Convincing your employer to increase your salary is another. The best way to ask for a raise is to demonstrate how your work benefits the business, understand what employers pay for comparable experience, and make a specific compensation request at the right time. The strongest salary discussions focus on the value you bring to the organization, not simply how long you've been in your position. After years of working with technology professionals and employers on compensation and hiring decisions, I've seen how differently companies value experience, responsibilities, and technical expertise. Here are three ways to prepare for a more productive conversation. 1. Build Your Case Around Business Impact Before approaching your manager, consider why the company should increase your compensation. Doing your job well matters, but it's also what's expected. A stronger argument focuses on how your contributions have made a meaningful difference to the business. Think about what you've accomplished over the past year: Have you delivered projects that improved efficiency, reduced costs, or increased revenue? Have you taken on responsibilities beyond your original role? Have you solved problems affecting customers, operations, or other teams? Have you developed expertise that makes you more valuable to the organization? For a software engineer, that might mean improving application performance, reducing infrastructure costs, or building tools that make other developers more productive. For an engineering leader, it could mean delivering a critical initiative, improving team performance, or taking ownership of more complex systems. Be specific about what you accomplished and why it mattered. Quantify the results when possible, but don't invent numbers or force every contribution into a financial metric. Your manager may appreciate your work without knowing the full extent of your contributions. A few concrete examples can help explain why a compensation adjustment makes business sense. 2. Understand Your Market Value Before Naming a Number Your accomplishments are one part of the conversation. Understanding what employers pay for comparable skills and experience is another. Your market value isn't determined by your job title alone. Two software engineers with the same title may command very different compensation depending on their technical expertise, the complexity of the systems they support, their level of responsibility, and the industry in which they work. A senior engineer responsible for mission-critical financial systems may be valued differently from someone with the same title working on less complex applications. That doesn't automatically make one engineer better than the other. It means the market places different values on different combinations of experience and responsibility. Start by researching positions that genuinely match your background. The U.S. Bureau of Labor Statistics publishes wage information by occupation and geographic area. It's a useful starting point for understanding broader compensation trends. In New York, pay transparency requirements also make salary ranges available in many job postings. Reviewing comparable openings can provide additional perspective on what employers are prepared to pay. Keep in mind that published ranges can be broad. They don't necessarily reflect what an employer ultimately offers or what someone with your particular background should earn. Look at the full compensation package, including bonuses, equity, retirement contributions, benefits, and flexibility. A higher base salary doesn't always mean a better overall package. If you're unsure whether your current compensation is competitive, our article on how to tell if you're underpaid compared to your peers explores the signs and how to evaluate them. Once you've done your research, identify a reasonable compensation target and be prepared to explain how you arrived at it. 3. Choose the Right Time and Make a Specific Request Timing matters. Annual performance reviews are an obvious opportunity to discuss compensation, but they aren't necessarily the best or only time. Consider scheduling a conversation after completing a significant project, taking on additional responsibilities, or moving into a more demanding role without a corresponding salary adjustment. It's also important to understand how your employer makes compensation decisions. Some companies have established review cycles and budgets that limit when increases can be approved. Rather than bringing up salary unexpectedly, ask your manager to schedule time to discuss your responsibilities, contributions, and compensation. Explain what you've accomplished, how your role has evolved, and what you've learned about compensation for comparable positions. Then make a specific request. For example: "I'd like to discuss adjusting my compensation. Over the past year, I've taken ownership of several additional responsibilities, including [specific examples]. Based on those contributions and the market compensation I've researched for similar positions, I'd like to discuss increasing my base salary to [amount]." Be direct, professional, and prepared to listen. A salary discussion should be a conversation, not an ultimatum. What If Your Employer Says No? Even a well-prepared request may not result in an immediate raise. There could be budget constraints, compensation policies, or concerns about your performance or responsibilities that you weren't aware of. If your manager declines, try to understand why. Ask what would need to change for an increase to be approved. Are there specific goals you should meet? Additional responsibilities you could take on? Is there a future compensation review when the request could be reconsidered? Try to leave the conversation with clear expectations and a timeline for revisiting the discussion. If your employer consistently avoids the conversation or can't explain how compensation decisions are made, that's useful information too. You may eventually decide to explore other opportunities. Frequently Asked Questions About Asking for a Raise How much of a raise should I ask for? There's no single percentage that's appropriate for everyone. The right amount depends on your current compensation, responsibilities, performance, and market value. If your role has expanded significantly or your salary has fallen behind comparable positions, a larger adjustment may be reasonable. Use relevant market data and your contributions to support the amount you're requesting rather than choosing an arbitrary percentage. Should I use another job offer to negotiate a raise? I'd be cautious about using an outside offer simply as leverage. An employer may agree to match it, but that doesn't necessarily address the reasons you considered leaving. It can also complicate the relationship with your manager. If you're genuinely prepared to accept another opportunity, an outside offer may be relevant to your decision. But I wouldn't recommend pursuing one solely to pressure your current employer. What if my employer says there's no budget for a raise? Ask when compensation decisions will be revisited and what would need to happen for an increase to be considered. If an immediate adjustment isn't possible, you can also discuss a promotion, additional responsibilities, professional development, or other compensation arrangements. The important thing is to establish whether there's a realistic path forward rather than accepting an indefinite promise to revisit the issue. The Bottom Line Asking for a raise is ultimately a business conversation. Understand the value of your contributions, research what comparable experience is worth in the market, and make a clear request. You may not get the answer you're hoping for immediately. But the discussion should give you a better understanding of how your employer values your work, what opportunities exist for growth, and whether your current position still makes sense for your career.