I signed a non-compete clause with my employer almost 30 years ago. They then let me go about a week ago for unkown reasons. I want to start my own buisness in the same field of work because that is the only thing i know. I would also be bidding on jobs against them. Can they really stop me from working? If it matters i live in Missouri.
2007-09-18 09:53:58 · 0 answers · asked by RUSS W 1 in Politics & Government ➔ Law & Ethics
Depends on the state, I'm not sure about Missouri, in California you most likely would be able to. The non-compete usually has to be reasonable and limited, unless they offer compensation for signing the non-compete. I once had one that was tied to a severance package. If you agreed to the non-compete you got the package if you did not agree to sign then there was no severance. I chose not to sign and they couldn't stop me from competing. I had a co-worker who took their money and then tried to compete and they ended up having to pay damages. When in doubt call a lawyer.
2007-09-18 10:04:44 · answer #1 · answered by Seano 4 · 0⤊ 0⤋
Maybe. Some are and some aren't depending on the way the contract is written and the state laws. Usually enforceable non-compete contracts will have time limits (can't for for a competitor for 2 years for example). If you will be using any proprietary knowledge you would have gained from the previous employer, then it is more likely to be upheld.
2007-09-18 10:05:02 · answer #2 · answered by Michael C 7 · 1⤊ 0⤋
It won't hold up but they will sue you for damages and claim that you are using contacts and techniques established while you were employed by them.
Shelter your assets so that the company you plan to start has nothing to go after.
Theirs is a common tactic;sue and sue some more until you,the competition goes under.
General rule is that a non-compete is nonenforceable in that they cannot prohibit you from earning a living in your chosen trade.However,they can sue as mentioned before,and need only to show that their business suffered damages from your competition.
2007-09-18 10:07:51 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I dont know what exactly a 'non-compete' clause does, but figuring that there are laws agains monopoly, hopefully you could have your own business. They can't tell you not to offer your services if that's what you want to do.
What they can tell you is that you are not allowed to use their ways of doing something.
For instance:
1. you work in a restaurant, making sandwiches.
2. Restaurant fires you.
3. You start a similar restaurant business, making sandwiches.
You can't use their recepie, and you can't use any of their logos. You can't claim to offer the exact same sandwiches.
You can, however, offer the same type of sandwich.
( think footlong toasted subs from Subway and Quizznos)
2007-09-18 10:04:54 · answer #4 · answered by misspurrl 4 · 0⤊ 2⤋
This is a VERY situation-specific area of law. There isn't any way we could advise you, unfortunately---you'd have to talk to an attorney on this one. It depends entirely on your state, how the contract was written, your "competing" intentions, how nice of a judge/jury you get, how good of a lawyer, etc, etc.
This area of legal practice is almost as complicated as family law---courts don't like non-competes, so they look for "outs" in the situation itself. Good luck!
2007-09-18 10:09:35 · answer #5 · answered by Anonymous · 1⤊ 0⤋
In most cases, no, especially in right to work states. Previous employers can't keep you from making a living. It might be a good idea, however, to consult an attorney.
2007-09-18 10:01:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Most courts would never stop a man from earning a living
2016-03-14 00:08:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋