Employment Law Questions? Ask an Employment Lawyer.
I have a non-compete clause with my current employer with whom I have worked for 10 months. If I leave to join another company in the same industry but does not directly or indirectly compete with them what is my exposure?
You agree that you will not, at any time during your employment with
Employer or for a period of 2 years from the termination of your employment however caused (whether your employment is terminated by you or the Employer and whether with or without cause or in breach of this Agreement), directly or indirectly, for himself/herself or any third party, solicit or accept employment or engage in any business
or activity which is directly or indirectly in competition with Employer, or in a related position in the Automotive or Transportation industry. The geographical area to which this non-competition agreement applies is any area in which Employer currently solicits or conducts business, and/or any area in which Employer plans to solicit or conduct business for a period of two years after Employee leaves employment with Employer. Both parties agree that the time and scope of this Non-Competition agreement are reasonable. If a court finds the time and/or scope of this Non-Competition agreement unreasonable, it should reasonably modify the agreement to protect the Employer to the maximum permitted by law.
2. Managing Director however my title and role has changed twice since the original agreement was signed.
3. Digital (websites) Automotive (we make websites for dealers) I am considering leaving to go work for an agency or a reputation management company that services GM and Ford directly
4. I would be the "Manager of Strategic Relationships"
5. I will not be "selling" or soliciting dealers like I do now. I would work directly with the factories and manage the vendor/client relationship B2B whereas I am more B2C.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).