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 Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 33769
Experience:  15 years practicing attorney, JD, BA, MBA
19958803
Type Your Business Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

Is the non-compete section of my current employment contract

Customer Question

Hi Is the non-compete section of my current employment contract valid since 12/1/2015:
"You agree that while employed and for the period of one (1) year after separation from
the company you will not accept hourly, contract or temporary work, or employment of
any kind from a client or direct competitor of 11 Bridges (DBA Staffing Robot). Direct
Competitors are defined as companies that market, sell, create and deliver website
design, website/software development, graphic design, branding and marketing services
to companies in the staffing and recruiting industries, or corporate sites for medium to
large size companies."
If I get laid off what are my options?
Submitted: 9 months ago.
Category: Business Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If I get laid off what are my options?

.

Unfortunately, the mode of your separation wouldn't matter legally to the noncompete... Whether you quit, are fired, or are laid off, the noncompete is still enforceable so as to prevent you from working for a competitor.

.

So if you are laid off, then your recourse would be to file for unemployment while looking for alternate employment that wouldn't technically violate then non-compete.

.

But theoretically if you did quietly work for a competitor, the former employer would 1. have to become aware of this and 2. decide it was worth the money to hire an attorney to try and sue you to enforce the agreement. So if both of these didn't happen, then even if you were in violation, nothing will happen to you.

.

.

thanks

Barrister

Customer: replied 9 months ago.
Hmm not the best answer, but I understand.
Expert:  Barrister replied 9 months ago.

Yes, unfortunately non competes are enforceable regardless of the reason for separation of employment...

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks

Barrister

Related Business Law Questions