This reflects what we see from the recruiter’s side of the table, which is a useful vantage point when you are planning your own next move. Non-compete and related restrictive agreements are common in medical devices, where companies protect product knowledge, customer relationships, and technical information, and they can materially affect your next move. This is general information about how these agreements typically work and what to consider, not legal advice, and enforceability varies considerably by jurisdiction, so have an employment attorney review your specific agreement.
Key Takeaways
- Restrictive covenants are common in device employment agreements.
- Enforceability varies substantially by jurisdiction and circumstance.
- Non-solicit and confidentiality terms often matter as much as non-competes.
- Read and negotiate these terms before joining, when you have leverage.
- Consult an employment attorney about your specific agreement.
What These Agreements Typically Cover
Device employment agreements often contain several distinct restrictions that candidates conflate. A non-compete limits working for competitors, usually for a defined period and scope. A non-solicit restricts recruiting former colleagues or approaching customers. Confidentiality provisions protect proprietary and technical information indefinitely. Assignment provisions govern intellectual property you create. These operate differently, and the non-solicit and confidentiality terms frequently constrain a move more practically than the non-compete does, particularly for commercial leaders whose value lies partly in customer relationships.
Enforceability Varies Considerably
How enforceable these agreements are depends heavily on jurisdiction, the specific terms, the role, and the circumstances of departure. Some jurisdictions substantially restrict or prohibit non-competes; others enforce reasonable ones; and reasonableness in duration, geography, and scope is often assessed case by case. The regulatory landscape in this area has also been actively changing. This variability means general assumptions are unreliable, and the only sound basis for decisions about your own situation is advice from an employment attorney familiar with the relevant jurisdiction and current law.
Negotiate Before You Join
The moment of maximum leverage over these terms is before you accept an offer, when the company wants you and the agreement is still a draft. Candidates frequently sign without reading carefully, then discover the constraints years later when they matter. It is entirely normal to ask for the full agreement during the offer process, to have it reviewed, and to request modifications, narrowing the definition of competitor, shortening the period, limiting the geography, or clarifying what happens on termination without cause. Companies often accommodate reasonable requests from candidates they want.
Managing an Existing Agreement
If you are already bound by an agreement and considering a move, disclose it to any prospective employer and to any search consultant early rather than late. Device companies are experienced with these situations and frequently structure roles to avoid conflict, adjusting responsibilities, geography, or timing. Concealing an agreement until after an offer creates serious problems for everyone and can cost you the role. Get your own legal advice about what the agreement actually restricts before deciding what you can and cannot pursue, since candidates often assume broader constraints than the document imposes, or narrower ones.
What This Looks Like in Practice
A device professional reads the full agreement before accepting, has it reviewed by an employment attorney, negotiates scope, duration, and geography while leverage exists, and if already bound, discloses the agreement early to prospective employers and search consultants while getting specific legal advice about what it actually restricts.
The Mistake Candidates Keep Making
The most common mistake is signing without reading, then assuming years later that the agreement either does not apply or blocks everything, both often wrong. Candidates make career decisions on assumptions about documents they have not reviewed and law they have not checked. The professional treats a binding legal agreement as boilerplate at signing and as an insurmountable obstacle at departure, and is poorly served by both.
Common Restrictions and Their Practical Effect
| Provision | Typical Practical Effect |
|---|---|
| Non-compete | Limits working for defined competitors for a period |
| Non-solicit (employees) | Restricts recruiting former colleagues |
| Non-solicit (customers) | Often the binding constraint for commercial roles |
| Confidentiality | Protects technical and proprietary information |
| IP assignment | Governs ownership of what you created |
The Bottom Line
Restrictive covenants are common in device employment and can materially shape your next move, with non-solicit and confidentiality terms often constraining more than the non-compete itself, so read and negotiate before joining, disclose existing agreements early, and get advice from an employment attorney about your specific agreement and jurisdiction rather than relying on general assumptions. None of this is quick, but it compounds, and the candidates who start early are the ones with options later.
Related Reading
For more, see Negotiating Your Compensation Package as a MedTech Executive, How to Evaluate a Job Offer from a Medical Device Startup, How to Handle a Counteroffer in Medical Device Recruiting.
Frequently Asked Questions
- Q: Are non-competes enforceable in medical devices?
- A: It depends substantially on jurisdiction, terms, role, and circumstances, and the legal landscape has been changing, so this requires advice from an employment attorney familiar with current local law.
- Q: Which restriction matters most in practice?
- A: Often the customer non-solicit and confidentiality provisions rather than the non-compete, particularly for commercial leaders whose value involves customer relationships.
- Q: When should I negotiate these terms?
- A: Before accepting the offer, when the company wants you and the agreement is still a draft, since companies often accommodate reasonable requests from candidates they want.
- Q: What if I am already bound by one?
- A: Disclose it early to prospective employers and search consultants, since device companies frequently structure roles to avoid conflict, and get legal advice on what it actually restricts.
- Q: Is this article legal advice?
- A: No; it is general information about how these agreements typically work, and you should consult an employment attorney about your specific agreement and jurisdiction.
![](https://www.jrgpartners.com/wp-content/uploads/2025/12/tanya-gallardo.jpeg")
Tanya Gallardo
Managing Director, Executive Search & AI Talent Strategy
Tanya Gallardo is the Managing Director of Executive Search & AI Talent Strategy at JRG Partners, leading C-suite and Board engagements across key growth sectors including Technology, Financial Services, and Manufacturing.
With over 18 years of experience specializing in disruptive technology leadership, Tanya is recognized as a leading authority on talent architecture for future-focused executive roles, such as the Chief AI Officer (CAIO) and Chief Digital Officer (CDO). Her expertise lies in accurately assessing the cultural fit and technical depth required to ensure a high return on investment (ROI) for critical leadership appointments.
Prior to her role at JRG Partners, Tanya held senior roles directing global talent acquisition strategies at a major publicly-traded technology firm, advising on organizational design and succession planning for emerging executive functions. She is a recognized speaker and contributor to industry events, sharing data-driven insights on executive compensation, leadership development, and the measurable business impact of C-suite talent.
