How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser, Attorney
Category: Business Law
Satisfied Customers: 36206
Experience:  Retired (mostly)
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Hello I am contemplating working for a business consulting

Resolved Question:

Hello I am contemplating working for a business consulting company as a sales person. This position is a 100% commission based job. My desire is actually to move in to consulting space but I am taking this sales position in hopes of adding management consulting experience on my resume (I have 30 years of broad ranging experience but no direct Management consulting experience.). However there is non compete. copied below.
My understanding of non compete is, that it restricts me from taking a possible with another management consulting company to do business in the same geographi area I was working here and also the same companies I was involved with. So if I take a management company job not in the same geographic area or same area but not with same list of clients that I worked with then it is OK?? Please let me know.

Best Regards,

9. Prohibitions Regarding Employee's Post-Employment Acts

Employee acknowledges and agrees that during the course of employment with George S. May International Company, he/she will be learning many skills that would provide opportunities and training for various positions throughout the business world; therefore, this limitation is confined only to management consulting in competition with George S. May International Company. Employee also agrees that during the term of this Agreement and for a further period of one year beginning on the termination of this Agreement under any circumstances, he/she will not become employed in any position incidental or associated with management consulting.
a. Directly or indirectly, on behalf of himself/herself or for any other person, firm, association, or corporation, engage in a business similar or competitive to that of the Employer in any geographical location that the Employee had resided in and/or performed his/her duties as a George S. May International Company employee.
b. Enter into the employ of, personally engage in, or otherwise directly or indirectly render services to any person, firm, association, or corporation who at any time within one year prior to the termination of this Agreement was a Survey or Management Service client of Employer or one of Employer's subsidiaries or affiliated companies;
c. Directly or indirectly solicit and/or induce to violate their contract with the George S. May International Company for a period of two years any corporate officer, division executive, district manager, assistant district manager, special representative, executive analyst, project director, staff executive or other employee of Employer or any subsidiary or affiliated corporation, for any employment in a line of business similar to that conducted by Employer;
d. Directly or indirectly aid or assist any other person, firm, partnership, corporation, or entity to do any of the aforesaid acts.
Submitted: 5 years ago.
Category: Business Law
Expert:  socrateaser replied 5 years ago.

The entire noncompete is unenforceable, because under California Bus. & Professions Code 16600, such agreements are void as against public policy.


An exception applicable here would be that your solicitation of the employer's customers, could be deemed a violation of a separate nondisclosure clause, which may appear in your agreement. That is, if you were proved to be using the employer's trade secret customer lists in soliciting business after termination, then that would be actionable.


But, the noncompete itself is unenforceable under California law.


Also, if the agreement states that it is subject to the jurisdiction of some other state, and you were to go to another state to work, where there is no blanket prohibition of employee noncompete agreements, as is the case in California, then it may be possible to enforce the agreement against you. But, as long as you are doing business in California, this noncompete cannot be enforced.


Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Edited by socrateaser on 9/4/2010 at 11:22 PM EST
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 36206
Experience: Retired (mostly)
socrateaser and 2 other Business Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Dimitry K., Esq.


    Satisfied Customers:

    Run my own successful business/contract law practice.
< Last | Next >
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Run my own successful business/contract law practice.
  • MShore Law's Avatar

    MShore Law


    Satisfied Customers:

    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • RGMacEsq's Avatar



    Satisfied Customers:

    Licensed Texas General Practice Attorney
  • Barrister's Avatar



    Satisfied Customers:

    15 years practicing attorney, MBA
  • J.Hazelbaker's Avatar



    Satisfied Customers:

    Experienced and trained in the area of business law.
  • MDLaw's Avatar



    Satisfied Customers:

    Experience in business law, contract law and related matters.
  • J. Warren's Avatar

    J. Warren


    Satisfied Customers:

    Experience in general business transaction and formation matters.

Related Business Law Questions