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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20172
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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What are the consequences of terminating employment with one

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What are the consequences of terminating employment with one company, and going to another that is similar when you have signed a non compete agreement?
Hello,

Thank you for your question, however, I will need to know what State the non-compete was signed in.
Customer: replied 3 years ago.


Kansas


 

Hello again and thank you for that information. Assuming that the non-compete is enforceable and the employment the employee is contemplating is a clear violation of the agreement, then the employer has the full range of breach of contract action damages plus a few more, open to them. The employer can first petition the court for an injunction against the employment. I they were successful, then the employee would not be able to work at all for this other employer until the case was resolved. Then the employer can sue or actual damages, or the liquidated damages (if any) set out in the agreement. They can also sue the other employer if the employer was notified of the non-compete and continued to employ this employee.

So, if the employee is concerned about the non-compete, there best course of action is to take it to a local employment law firm that deals with non-competes and have them review it in light of all of the facts, including when it was signed, what kind of work and industry the employee is in, what they want to do, etc. Then, if the attorney believes that the agreement might not be enforceable just on its face because it is too broad as to time, geography or type o proscriptions, the attorney can file a petition with a court to have the non-compete declared unenforceable. If the court does that, then the employee never has to worry about the employer filing or injunctions or lawsuits to stop their employment.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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