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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
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Experience:  JD, MBA
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I signed a non-compete contract with my current employer, another

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I signed a non-compete contract with my current employer, another company that is not in the ratio of the non-compete clause but indirect with the business wants to hire me an put me in the payroll company but to help them to open a business and to later run the company that will be directly in competition with the other company, before the year scoop mention in the covenant, I will have to be physically in the building of the new company in competition, even if I'm under another payroll company name, can i be safe running the new company and not be at risk to be sue and sue the company that I'm under pay roll? I'm in Nevada, can they still reinforce the covenant?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TJ, Esq. replied 1 year ago.

VAMD, Esq. :

Hello and thank you for allowing me the opportunity to assist you.

VAMD, Esq. :

Whether or not you'd be in violation of the non-compete clause depends on the exact language of the clause. It's quite possible that it is broad enough to encompass what you intend to do.

VAMD, Esq. :

What does it say regarding competition?

VAMD, Esq. :

Can you provides the specific language?

VAMD, Esq. :

Are you online?

VAMD, Esq. :

It appears that you are offline, so I will end our chat. However, you may continue our discussion at any time by posting, and I will be alerted.

Customer: replied 1 year ago.

I will write exactly as it says: Covenant not-to compete: employee expressly warrants, covenants and agrees the employee shall not during the termof employee's employment with the company and for a period of one year following the date of the termination of employee's employment with the company, either directly or indirectly, engage in, be connected with, or participate in, ---(tipe of business)---in clark county, nevada, either as an employee, agent, independent contractor, consultant, officer, director, share holder, owner, manager, member, partner or otherwise, on employee's own behalf, with any person, firm partnership, corporation, limited liability company, or other entity.


my opinion is that this is to abroad.


 

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

I'd say that the clause covers what you intend to do, and that you'd be in breach. The words "indirectly" and "connected with" certainly seems to cover the starting of a business that will compete.

I would likely pass on the opportunity if I were you, until after the clause expires. Or you could try to get your employer to release you from the clause (sometimes, they may allows a buyout).

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 10030
Experience: JD, MBA
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