Any one have any success having a non-compete agreement overthrown? I am in a tough situation adn my new employer and soon to be old are having some issues, wanted an idea of what my chances are?
2006-10-02 12:46:06 · 6 answers · asked by Paul N 2 in Business & Finance ➔ Careers & Employment
I live in CT if that makes a difference,
2006-10-02 13:08:57 · update #1
Yeah lots of them! Courts generally don't like to enforce them as a matter of economic policy and conflicts with anti-trust laws. There are usually 3 elements that must be established to make a covenant not to compete valid. These are:
1. The contractor must have a legitimate business interest.
2. The geographic limitation of competition must be "reasonable".
3. The time limitation of competition must also be "reasonable".
To establish reasonability I suggest that you look in your state's Digests and Reporters for cases. If you have one that is Annotated (containing headnotes) then look under Contracts key numbers 116 - 118.
I strongly suggest that you argue economic policy! Does it prevent you from earning a livelihood? If yes, then how can you establish that?
Please, see an attorney! You DO have a chance. If nothing else, because courts do NOT like to enforce them.
2006-10-02 12:56:05 · answer #1 · answered by cyanne2ak 7 · 2⤊ 0⤋
My former employer went after an employee based on the non-compete agreement that was signed. In the end, the agreement wasn't enforceable, and even my former employers' attorney told them this. The non-compete agreement was more of a scare tactic. FYI - this was in the state of NY. I'd have a local attorney review the non-complete clause - it'll be worth the money.
2006-10-02 12:58:06 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Depending on the state you live in. In Texas you have a right to work even if you are competing, it would be very difficult for the employer to win .
2006-10-02 12:54:48 · answer #3 · answered by Joe G 2 · 1⤊ 1⤋
Good luck. I had a noncompete clause with the wireless company I worked for. It said I couldn't sell for any other provider in Iowa or Illinois. I moved 110 miles away, but I was still in Iowa, so there was no getting out of it. I asked two attorneys and they both said I was S.O.L. I begged the HR dept to let me out and got denied.
If it makes you feel better though - I completely changed careers and I love my new job in finance. I'd never go back to retail. Maybe a change would be good for you too.
2006-10-02 12:56:07 · answer #4 · answered by Ann507 2 · 0⤊ 2⤋
Those are generally unenforceable unless you are to be a C-level or strategic officer at your new company. Your new employer's legal team should know this.
2006-10-02 13:06:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it depends what state you are. for example, no non-compete agreement is enforcable in the stae of california, if you own less then 10 % of the company. so, if you signed your agreement in california you will be ok
2006-10-02 12:51:23 · answer #6 · answered by jack 1 · 1⤊ 1⤋