Can anyone help with a non-compete work clause?

Question

I signed a non-compete work clause with my employer 2 1/2 yrs ago. I've been offered to come work with another company to eventually become owner, but they are a competitor. Would there be legal recourse if I went to work with the competitor? I would need to take my current client roster with me.

Is there favor on my side if I ask for an increase in commission rate (I get 40% without a base and everyone else gets 50% without a base), and if they refuse then could I switch companies without having legal trouble?

Answer 1

There is definitely a possibility of legal recourse if you go to work for a competitor and violate the stipulations of the non-compete work clause. It mainly depends on your current company's position on letting you go.

If you leave on agreeable terms, they may not seek to file suite with the agreement However, given that you will be taking company property, ie. your client roster with you, I would suspect most likely that things will get ugly and end up in court.

I'd also be suspicious of anyone offering you co-ownership in exchange for your client list.

Answer 2

First of all, from a legal perspective, a non-compete agreement or clause cannot be enforced if it totally prevents you from gaining employment.

For example, most non-compete agreements say that for some period of time, you will not be allowed to work for a competitor. However, because this essentially prevents you from working in the field, it's illegal and you're not bound by this part. FYI, most employees don't know this which is why employers get away with it.

However, there are other parts of a non-compete agreement that can be legally enforced such as your not being allowed to reveal "trade secrets."

But can they totally prevent you from finding other work in that field, the answer is NO!

Answer 3

i'm no longer an legal specialist, yet i do not ignore that some non compete clauses should be overturned in the journey that they are got here upon to be over attaining or unreasonable. you need to contact an legal specialist to work out what legal action needs to be taken. in case you only bypass ahead and practice, they can sue you for breaking the settlement. you want to get a opt to overturn the clause earlier you commence operating in the route of back. 1st 2 issues I ever discovered in agency wrtr a million. by no skill signal some thing with out interpreting thoroughly 2. by no skill signal some thing i do not aggree with

Answer 4

Risky Business!