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NYFamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 578
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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Since I was terminated (and improperly at that - my manager

Customer Question

since I was terminated (and improperly at that - my manager also disclosed my personal information to multiple other employees..) I have been told that here in Alabama my non compete clause will be void. So I was wondering Can I apply for a commercial pest control service liscence for myself andstart my own business.. All I know how to do is pest control, they cant keep me from working, correct?
Submitted: 4 months ago.
Category: Legal
Expert:  NYFamilyAttorney replied 4 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you. Are you okay with rating me? I would really appreciate it!

I saw your question in my inbox just as I was shutting down so I thought I'd get to your question this evening. There is nothing preventing you from going out on your own. Unless you're disclosing their trade secrets there's nothing preventing you from starting your own business. They can't prevent you from working and the laws are strict in your state. How long will it take to get a service license, do you know?

Expert:  NYFamilyAttorney replied 4 months ago.

This is a good question after your previous one. They can't keep you from working. If, however, you're going to be directly in competition with your previous boss, in the same area, you may want someone to take a look at that non-compete. Most of the non-competes are not reasonable and most of them are invalid in your state unless you're in a managerial position or have a special skill unlike any other. However, if you are in the same location as the other business, that's the one thing that could stand in the way. You may want to have an employment lawyer take a look at the non-compete to see if it's going to prevent you from setting up your own business in the old employer's area. I will presume that you're going to still stay in the same area as your old job, yes? If so, then you will be well-advised to have someone review the non-compete and explain to them the circumstances under which you signed it. I seem to remember you weren't even sure you signed one? If that's the case, you can definitely open up shop there. If you did sign one, and you can find a copy (otherwise you'll have to have your attorney request a copy) let the lawyer review it to see if it's going to prevent you from opening up a business right in the same area. If the whole non-compete is invalid, then you can set up shop right there. There may be parts of the agreement that a court could declare valid-- for example, it's one thing to work for someone else. It's another thing to open your own company right where your old employer is.

Expert:  NYFamilyAttorney replied 4 months ago.

Again, let me know if you want a list of employment attorneys in your area -- I'd need the largest town/city near you so I can find a bunch, and then you can pick from who is there. I will send you instructions about how to select an attorney from the list.

Thanks again for your question.

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Please let me know if there is anything else you need. If I'm not here in a little while I will check here in the morning.

Expert:  NYFamilyAttorney replied 4 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!


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