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Message
re: Non-compete contracts
Posted on 7/19/18 at 3:17 pm to Keeble9145
Posted on 7/19/18 at 3:17 pm to Keeble9145
Go talk to a lawyer. Do not listen to the replies in this thread. Just on the first page there are at least 10 completely wrong responses.
1
Posted on 7/19/18 at 4:55 pm to BBONDS25
Yea from the research that I’ve looked up some of the responses cracked me up.
Posted on 7/19/18 at 5:53 pm to Carson123987
quote:
so hard to enforce
This is true but you are going to end up with a lawyer to fight the enforcement. So... going to cost you money at the very least.
Also, some companies are in many states and if you look at your non-compete, you might have agreed to let it be enforceable under another state where their legal people are. So, you will have to fight it in another state.
Non-competes are a land mine sometimes and can be very expensive to fight. I know this firsthand.
Posted on 7/19/18 at 6:23 pm to BamaTiger00
First, I have never accepted a job that insisted on a non-compete. I have walked away from one job offer some years back over that very thing. I had one former workplace that enacted an organization wide requirement to sign a non-compete to avoid dismissal from their jobs. Happened right after I left. They were evidently more pissed at that hospital for taking me than I originally realized. Glad I got out of there when I did. New job was paradise compared to that shithole.
If you haven signed such, you really need to contact an attorney with expertise in non-competes.
To avoid this shite in the future don't sign off on something that potentially traps you and limits your future.
If you haven signed such, you really need to contact an attorney with expertise in non-competes.
To avoid this shite in the future don't sign off on something that potentially traps you and limits your future.
Posted on 7/19/18 at 6:28 pm to Keeble9145
quote:
Non-compete contracts
Aren't worth the paper they're wriiten on..
Posted on 7/19/18 at 7:02 pm to DustyDinkleman
quote:
Right-to-work laws
That means you can't be forced to join a union.
Noncompete depends on the terms of the contract and the nature of the industry.
Posted on 7/19/18 at 7:11 pm to Keeble9145
My non-compete lists the companies and the industry. I don't know if they actually check. Might depend on your level at the company.
Posted on 7/19/18 at 7:27 pm to Phil A Sheo
quote:
Aren't worth the paper they're wriiten on..
As has been stated many times in this thread if properly done they are enforceable, and as has also been pointed out even if it is eventually determined to be not binding not binding you are still going to have to hire a lawyer to defend yourself when your prior employer takes you to court.
Posted on 7/19/18 at 7:35 pm to Keeble9145
Would you say the scope of your work at new job is different than your current? If so probably good to go. But as said take it to a lawyer to look over first.
Posted on 7/19/18 at 8:18 pm to rowbear1922
quote:
If you left your current position to take another job, I don't see a non-compete being valid.
Someone doesn’t know what a non-compete clause is....
Posted on 7/19/18 at 8:36 pm to Keeble9145
I read just a few comments and let me tell not to make any decisions based on what you read here. 
Your non-compete will have the specifics in it. Enforceability varies by jurisdiction and they must be specific about what is prohibited, how long and region covered. If the company competes directly with your company for clients then it is likely the non compete will apply, even if you are doing something different.
If you really want to know, you’ll need to see a lawyer with your specific contract. Many are poorly written so often unenforceable.
Your non-compete will have the specifics in it. Enforceability varies by jurisdiction and they must be specific about what is prohibited, how long and region covered. If the company competes directly with your company for clients then it is likely the non compete will apply, even if you are doing something different.
If you really want to know, you’ll need to see a lawyer with your specific contract. Many are poorly written so often unenforceable.
Posted on 7/19/18 at 9:14 pm to Phil A Sheo
quote:
quote:Non-compete contracts
quote:
Aren't worth the paper they're wriiten on..
There are either a lot of idiots on here who think they know law or a bunch of people who are deliberately trying to mislead the OP.
A correctly drafted non-compete agreement is enforceable. A competent attorney can prepare one that complies with the law, assuming the employer has hired one and has not tried to draft its own clause. Problem is that some of the employers think they are as smart in the law as some of the people who have responded telling the OP that such agreements can't be enforced. The result is that the ones drafted do not comply with the law and are worthless.
It's easy to have one that is un-enforceable but that does not mean they all are. It also depends on what state law applies.
Posted on 7/19/18 at 9:22 pm to Keeble9145
Non-compete clauses are BS..California bans them..and that's why it's such a great state
Posted on 7/19/18 at 9:56 pm to Keeble9145
Tell your new employer that you’re under a non-compete and watch their eyes spin as they show you the door.
Posted on 7/19/18 at 10:13 pm to Pettifogger
quote:
Sober advice
That’s a tall order on the OT.
Posted on 7/19/18 at 10:52 pm to Del Devereaux
We are in the middle of this with the company I work for. We were just bought out and many sales reps have left to work for competitor after signing non-competes. Most companies don't want to hassle with a future employees with a non-compete. All the reps. who left are in the processs of being sued. And as others have said even if they win , the goal is make them spend lots of money on attorney's fees . It does suck that I'm not allowed to work in the industry I've worked in for over 20 yrs. but then again I didn't have to sign it either.
Posted on 7/20/18 at 9:43 am to lsuwins3
quote:
I didn't have to sign it either.
Exactly.
I've been on both sides of it, with ex-employees thinking they could just blow it off, and new-hires dropping the bomb on us that they just got served with a lawsuit.
Have a game plan of waiting it out in a different job or city until your non-compete runs out. Don't just assume that they won't sue your arse.
Posted on 7/20/18 at 9:45 am to Keeble9145
Was there a non-compete clause when you signed on?
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