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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53576
Experience:  Licensed attorney helping employers and employees.
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I left a company on my own after a major change in

Customer Question

I left a company on my own after a major change in management resulted in poor customer service and poor quality. I am wanting to work in the business still, and have a question about the wording concerning the geography of the territory. I have signed prior agreements as territories have been realigned, and was always given a list of "counties" in the area I serviced. Though the agreement specifically states "counties" in exhibit A, no counties are listed, only territories. In my former company, a territory was labeled as DFW, for example, but included surrounding counties and cities as well. Since the counties are not specified, is it safe for me to compete outside the counties outside of these cities listed?This Confidentiality and Noncompete Agreement ("Agreement") is between Nationwide Studios, Inc. including its affiliated companies ("Employer") and Diane Geary ("Employee").RecitalsEmployee is or will be employed in Employer's company. In such role, Employee has been, or will be, provided with and will have access to information that Employer considers confidential or proprietary and that provides a competitive advantage to Employer. To protect such information, and in consideration of Employer's employment of Employee, Employee is entering into this Agreement.Section I.Noncompetition and non solicitation of clients. Employee agrees thatduring and for 12 months following termination, volüntary or otherwise, of Employee's employment with Employer ("the Noncompetition Period"), Employee will not in any way:(a) provide services, which are substantially similar to Employee's services for the Employer, to or for any person or entity within counties listed in Exhibit A hereto, ie. Counties where employee has or was assigned to perfonn services.(b) call on, solicit or interfere with any efforts of the Company with respect to any customer or prospective customer anywhere within counties listed inExhibit A hereto, about which Employee has infomation procured during Employee' s employment with Employer.EXHIBIT A - AMENDMENT Diane GearyEFFECTIVE 12/19/11TERRITORIES INCLUDE:310320 321 330Houston, TXSan Antonio, TXAustin, TXDallas/Ft. Worth, TXIn the event new departments are added or changed I understand I will be notified and an amendment to this exhibit must be signed.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Infolawyer replied 5 months ago.
Expert:  Infolawyer replied 5 months ago.
The non compete here is overbroad and not specific. It wont be enforced. Employer has not carefully drafted one and using a boilerplate with no effect.
Expert:  Infolawyer replied 5 months ago.
Is that clear and acceptable?
Customer: replied 5 months ago.
There is a lot more in the NC but this is the only reference to the geographical area. Just gave the section where the area was defined. Just wanted to clarify -
Expert:  Infolawyer replied 5 months ago.
I see no claim by employer here. Non Non competes are rarely enforced. they need to be very limited in time and space. unless a few miles and months will typically fail. Most employers wont even pursue it and clients are free to choose for themselves!I wish you the best. I trust the answer has been helpful. kindly let me know.I tried to expedite your question. kindly click on a rating of OK or higher for the answer.
Expert:  Infolawyer replied 5 months ago.
Kindly rate the answer positively.

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