Non Compete at Work-Any of you guys had to fight?

DIY

WKR
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Jul 15, 2012
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Quick Story to keep it simple.

Old company bought out by new company.
Sort of forced into signing to keep job.
They paid $ for my signature.
New company promises to keep things the same, however a lot is changing.
Things are looking different than before.
Seems like a lot of Chiefs and not enough Indians.
Going in a bad direction for business.
I know the first step is a lawyer, but


The question I have?

Did anyone of u guys fight a non compete and win?
 

elkyinzer

WKR
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Is it protecting clients, IP, or nothing? Client based noncompetes are common in my industry and anecdotally I've heard go both ways, seems to depend on the revenue impact. IP I would imagine you would be fighting an uphill battle if the IP is valuable. Functionally nothing non-competes just to scare people from finding a new job, I wouldn't worry.
 

Maverick1

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Interesting situation.

Keep in mind who has the deeper pockets: you or the company. Some companies will dig very deep into those pockets to enforce the no compete clauses. Others may find them hard to enforce and really not do much of anything about those that go to a direct competitor.

Might be worthwhile for you to find another employer and be up front about the situation. Have seen instances where - if your skill set is desirable enough - the future employer will put their big pockets against your current employers. Not often, but it does happen!
 
Joined
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Had a friend whos wife was a doctor who signed one and couldnt fight it. Had to work outside the radius specified in the clause for two years. Also depends on the state you live in. A hour long session with a employment lawyer could be worth more than you will pay for it. May not hold up in court, but can you afford to fight them in court.
 
OP
D

DIY

WKR
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basically states I cant call on company clients for a year or use any trade secrets. After 1 year Im free
 
OP
D

DIY

WKR
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The company has deeper pockets for sure. If I leave for a year Im concerned I wont get the business back
 

jmez

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Go see an attorney in your area that does contract law. They will be able to look at it and tell you what you need to know. Some are enforceable some are not.

If it was done correctly and not overly restrictive then likely the only ways out would be to honor it or pay the company a settlement.

Some of it will also depend on the judges in your jurisdiction and how they view them. Local atty is your best bet.
 
OP
D

DIY

WKR
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Go see an attorney in your area that does contract law. They will be able to look at it and tell you what you need to know. Some are enforceable some are not.

If it was done correctly and not overly restrictive then likely the only ways out would be to honor it or pay the company a settlement.

Some of it will also depend on the judges in your jurisdiction and how they view them. Local atty is your best bet
It seems to me the promises that were told by the company they are not honoring their promise it seems,
 

jmez

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That is your opinion. Does the company feel they are honoring them?

The only way to sort that out is in court. You can have an attorney draft a letter stating your concerns and that you consider the contract null and void. They will respond with a letter that says they don't agree and if you proceed as if the contract is null and void they will enforce the contract.

Can always send them a letter and see how they respond. They aren't going to just "drop it" after a single letter.

This is where is it also worth your while to get local counsel. They will know how the judges see and rule on these matters.
 

bozeman

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So you signed a 'non compete' and now want to leave and call on 'their' clients they purchased the right to do business with when they bought the company you worked for? You signed, did you put stipulations on it? If not, suck it up, stick to your word. Can't hardly find a man of his word anymore, especially if it will cost him something. Take the high road here.......I hope you take this as encouragement and a challenge, as that is how the message is intended to be.
 
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They didn't "buy" any "rights" to customers/clients. They only "bought" the "right" to keep you from soliciting them should you leave their company.

If they are an "at will" employer, you owe them nothing. Period. At will works both ways and is never one sided.

If clients and customers hear you left and went somewhere else and they follow at their own will, the company you want to leave can do nothing about it...
 

KHNC

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So you signed a 'non compete' and now want to leave and call on 'their' clients they purchased the right to do business with when they bought the company you worked for? You signed, did you put stipulations on it? If not, suck it up, stick to your word. Can't hardly find a man of his word anymore, especially if it will cost him something. Take the high road here.......I hope you take this as encouragement and a challenge, as that is how the message is intended to be.
So, you feel only one side of the party has to keep their word? What about the company that is NOT doing their part of the contract? Why dont they have to suck it up and keep their word?
 
OP
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DIY

WKR
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So you signed a 'non compete' and now want to leave and call on 'their' clients they purchased the right to do business with when they bought the company you worked for? You signed, did you put stipulations on it? If not, suck it up, stick to your word. Can't hardly find a man of his word anymore, especially if it will cost him something. Take the high road here.......I hope you take this as encouragement and a challenge, as that is how the message is intended to be.
I appreciate the advice... They however made verbal promises that influenced my decision to go with them and it is not matching up now. If the promises they made they honored Id would honor my word. this is not a challenge against your post
 

CoStick

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If it goes to court, they can get your email, phone, and other media history as well in a case I was privy to previously, so always good to be cautious with text/email/posts.
 

Tom_

Lil-Rokslider
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The fact that you were paid to sign the NC means they likely will pursue if you violate the agreement. It may only be threatening letters but that will depend on how deep into their revenue you get. Our company attorney considers this sport. He enjoys enforcing the clause.

Like others have said. Invest the time with an attorney consultation.
 

jmez

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You will have a hard time getting out of it if you are basing it on verbal promises. Needs to be written down, in the contract that you both signed.
 

CoStick

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I will add my friend needed to pay restitution. Was a long costly battle
 

bozeman

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So, you feel only one side of the party has to keep their word? What about the company that is NOT doing their part of the contract? Why dont they have to suck it up and keep their word?
2 wrongs = 1 right?.........he signed the document, now try to steal 'their' clients 'they' paid for because he is unhappy. If it matters that much, take them to court (legally), but don't crawfish on your agreement and see what they do....just my .02. Different strokes for different folks, I guess.

Hope/Pray the OP has clarity here and makes a wise decision.
 
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