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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 41220
Experience:  Run my own successful business/contract law practice.
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I am a mfg. representative and have a non-compete with current

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I am a mfg. representative and have a non-compete with current employer dated in 1987. It was signed 10 years after I began my employment with no compensation for signing. Since then, the company was sold to the founder's son. We have lost many vendors and my commissions have been effected by as much as 40%. The company if in FL, I am in LA. I have no employment contract with them, and have signed an agreement to work for another rep firm. Current company is threatening with the non-compete agreement. Any suggestions? (I could email you a copy if needed)
Thank you for your question. Please permit me to assist you with your concerns.

There are a few suggestions here. If I may ask, how extensive is this non-compete? By that I mean, what are the conditions of the non-compete here?
Customer: replied 3 years ago.

I tried to attach the document but not sure whether it worked. It's a PDF...(?)

I am sorry but I do not see it attach. Could you try again?
Customer: replied 3 years ago.

Thank you for your follow-up.

A few thoughts that may help. The first is compensation. That is the largest weakness. If you were not compensated for signing this (and claiming that the bargained for exchange is the continuous employment when you were already employed is not really valid because you did not get an additional benefit you didn't already possess). That by itself permits you to claim that the agreement is void since there was not 'bargained for exchange' in benefits--the employer received a benefit but you did not. The rest of the agreement appears reasonable and something the courts would uphold, but the lack of even nominal consideration of $1 appears to make this an invalid agreement.

Good luck.

Dimitry K., Esq. and 4 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

My thoughts as well, but needed confirmation. Thanks!

You are most welcome and glad to help!

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