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Lawyers, what can you tell me about 'non-competes'

Discussion in 'Chit-Chat' started by NW-sickboy, Jul 26, 2005.

  1. NW-sickboy

    NW-sickboy

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    dreading calling a lawyer and paying for a phone call so here goes....


    what can you tell me about non-competes? I have one with my job (marketing) stating that i cannot work for anyone (nationwide) that woul anyway compete with my current company for a perioud of 18 months. In my previous contracts it was only a non compete for the region (150 miles of where i worked) but has now changed to nationwide. Is this legal? for some reason i had the impression that it cannot be nationwide and it cannot prevent me from working if this is the only field i have worked in..

    any input is super helpful....
     
  2. OZCAL

    OZCAL

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    Legal? Probably.

    Enforceable? Depends on scope and duration. Both of those are industry/job/assignment specific.

    If you ask around, perhaps other guys in similar positions have already talked to a lawyer and that lawyer can review your contract and give you an opinion for less than what it would cost another lawyer to do the research from scratch.
     
  3. dieseldog

    dieseldog She idles just fine . . .

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    Some of these agreements are way too broad and over-reach; however, chances are very good the document you signed was gone over thoroughly prior to it being used by the company. Some companies are not national. If you are working for a regional company, it would make sense for them not to want you to compete with them in their "pond" if you left. With a larger company of more national scope, they would want to protect a larger market. They must be careful not to claim too much though. It's important to know what forum has been selected--what State's law will control. Usually the agreement will specify this and once you know, then research the law in that State.
     
  4. bh4rnnr

    bh4rnnr

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    NW-sickboy,
    Try giving my friend Daniel Markofsky a call he is a lawyer and might be able to help. He is a great guy. Ended up meeting him through the club. Note: he is a buisy guy.

    Home #: 303-455-2618(tell him I sent ya ;) )
     
  5. stinkyfj60

    stinkyfj60

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  6. TJDIV

    TJDIV Back in The U.P.

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    dude, just don't sign it.


    if you're good, you'll still have a job. if you're good and your company sucks, you'll get hired by the comp. and get paid better and earn respect.


    Non-Competes are bullshit. Initially intended to keep employees from divulging pertinent company information and to keep out "spies" if you ask me. All of a sudden any Jack Off company management team seems to think it's mandatory.


    Seriously. It's a pissing contest and all the dicks are the same size. Use your other head and you'll be fine.

    [i.e] Have a VERY good friend who just decided "you know what? it's time for a change"...from a mid $100K/year job. He works marketing and is GOOD. Took the new job, negotiated a $95K/year salary + lucrative commissions that pay him close to $300K/year.

    They immediately "required" him to sign a "Non-Compete". (They being a $25 million / year firm). He said there was "no way in hell" he'd sign it or work for a company that requires it.

    They said fine.

    He's loaded.
     
  7. roscoFJ73

    roscoFJ73

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    Good post,dont play their game.
    Ive always had a sneaking suspicion employers think your a knuckle head signing contracts weighted in their favour:D
     
  8. NW-sickboy

    NW-sickboy

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    well i am currently under one that used to be regionally located, anywhere within 150 miles of where i work but not they are trying to make it national. My buddy that used to work for the company had his bluff called and they wouldnt bring him back. He was one of our best managers and they wanted to lock him in for a 5 year agreement.

    I am in the same boat. things are going really well and i am in negiations.

    thanks for the input. Kind of what i expected to hear.

    A former employee i am good freinds with thinks they know thier national non-compete wont stand up but they think it is a deterent as well as it would cost me alot to defend myself in comparision to how little of thier money it would take to sue me....
     
  9. NW-sickboy

    NW-sickboy

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    thats a great read.... this forum always amazes me....

    I actually dont think thiers is enforcable but they would take me to court for sure just piss me off...
     
  10. stinkyfj60

    stinkyfj60

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    My situation has changed a little from the post that I started last week. My boss decided that he really wanted a "non-solicitation" clause in our new contracts. Cant go out and solicit existing clients if we move to a different agency...blahblahblah.

    The funny thing is, this all started because we had an employee quit (she was getting a raw deal and treated like s***) and my boss went all crazy and mailed out letters to ALL of her clients saying "blah blah is no longer with the agency but we will completely service you account" or some such. GREAT IDEA! They did all of the soliciting for her, her clients started calling around until they found where she went and started canceling policies and moving them like mad. And she got free advertising out of the deal....LOL

    I love when a dickhead screws with Karma and gets nailed...