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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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I want to re a particular person to head my sales department

Customer Question

I want to hire a particular person to head my sales department from Chicago IL. We are a company in orlando fl. HE signed a no compete agreement with the company he currently works for. It has no end date to it. What lega issues can he get into with breaking that ?
thank you,
Brian
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

I have a few questions that will help me better assist you today.

I'm afraid I don't understand what you mean when you say it has no end date to it. Are you saying that the agreement states that he can literally never compete against them?

Are there no restrictions on its scope at all?

Do you have the agreement and could you possibly scan it and post a copy so that I can review it and better respond?

Customer: replied 1 year ago.
I can get a copy I believe by tomorrow. Are those agreements really enforceable?
Expert:  Allen M., Esq. replied 1 year ago.

Well, that really depends on the agreement. Yes, certainly some non-compete agreements are enforceable. Courts have repeatedly held that for an agreement to be enforceable though, it must be narrowly focused to protect a legitimate business interest.

So, an agreement that has literally no restrictions on it at all, either in geography, against specific clients or no time limit, certainly would not be enforceable. However, I've never seen a modern company attempt that sort of agreement, so I question what is actually in the agreement.

Certainly, an employer can stop current employees from competing for the duration of their employment, but once employment ends, there has to be a limited focus in the agreement in length and scope or no court would enforce it.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service so that I receive credit for working with you today. Also, feel free to request me in the future, if you have question concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.