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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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Impact of non-compete agreement moving from one

Customer Question

Customer: Impact of non-compete agreement moving from one phamraceutical sales position with another company. Four accounts I currently call on, I would be calling on with new company. Before making me an offer, company asked if I had signed a non-compete. I was honest and said I had. The yasked me to forward a copy so their legal department can review.
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and nearly 20 years of experience in the legal field. I’m happy to be of assistance.

The impact will depend on the enforceability of the agreement itself and how restrictive it is. Courts disfavor these agreements, but that does not mean that they are unenforceable. An agreement that is the appropriate length (shorter rather than longer, two years or less) can be enforceable. An agreement that has some limitation on its enforceability (either in geography or in terms of specific customers/clients) it can be enforceable.

So, the company legal department is going to review the non-compete to see if the agreement is too broad (and unenforceable) or if it is valid. If it is valid and would restrict you from doing any of the work that they could have you do, they'll probably not hire you because legally they could also be sued for tortuous interference between you and the former employer's non-compete contract if they are knowing having you violate it. If they find it unenforceable or there is work they can have you do which doesn't violate it, they'll hire you.

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 with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 11 months 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.