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Recent Non Compete Agreement questions

This question is regarding a non-disclosure/non-compete

This question is regarding a non-disclosure/non-compete agreement. There is a computer software design company whose main customer has been the schooling systems. In an effort to expand, the company hired a team of approximately 23 employees to expand sales along other avenues to generate business. My cousin is one of these employees. This venture started approximately 8 months ago. However, the sales just have not been successful. What started out with the team of 23 has now dwindled to 7. Initially salary was to be paid for 9 months and then would turn over to commission on sales. Salaries had to end before the 9 months because the sales were not there. Even some of the schooling business is also gone. My cousin did sign a Non-Disclosure and Non-Compete Agreement at the beginning of this venture. However, now he is having to look elsewhere for work. The three sections in question are 1. Disclosure of Invention to Employer. This is only regarding patented or copyrighted applications and is not applicable. 2. Non-Competition After Termination. This says that he cannot be employed by any person, firm or corporation in competition with Employer, etc... How enforceable could this be? He currently has no real option but to look for another job and has an opportunity to work with another Software Design Company, but just wants to make sure that this would not be a real issue. There are no "trade" secrets that he has any knowledge of to divulge and there are no "customers " that he would be trying to obtain from his former employer....which brings me to 3. Solicitation after Termination....Again, there are no customers that were obtained that would he would be soliciting. He is simply wanting to make sure that he handles things correctly. But is there a specific thing that makes a contract such as this null?

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Olivia Kent

Managing Partner

Law

1,754 satisfied customers
My husband and I are 40% owner in a family owned LLC

My husband and I are 40% owner in a family owned LLC parnership. 20% by another family member, 40% another. The other 40%"owner wants out, so we have agreed on a price to buy him out. Nothing is signed yet, how do I protect myself from him trying to compete against me directly. There was no no compete clause written up in the initial forming of the llc. And, we both have the same tax man; is this a conflict of interest for the tax man?

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Ely

Counselor at Law

Juris Doctor

63,770 satisfied customers
I'm a new owner of beauty salon about four months ago I

Hi my name is NoushaI'm a new owner of beauty salon about four months agoI had a one stylist she's been working at this salon about four and halfe years on commission basedDuring last four months she didn't listen to me and so rude to others clients and so many others reason I decided to fire hereShe's takes all the clients numbers with herself and rent the chair one block away from my salonI was wondering is it legal to be that much close to my salon and start talking bad thing about me

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,874 satisfied customers
I sold my business to a couple. There was no "NONCOMPETE"

I sold my business to a couple. There was no "NONCOMPETE" clause in it. I began making a new line of dog collars. They are not the same items that I sold them. They are trying to sue me and asked me to stop making my collars and will sue me if I don't stop.

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Roger

Litigation Attorney

Doctoral Degree

33,432 satisfied customers
I HAVE A QUESTION , I SOLD MY BUSINESS THIS YEAR, THE

I HAVE A QUESTION , I SOLD MY BUSINESS THIS YEAR, THE BUSINESS BASICALLY IS LIKE AN INSTITUTE, WE USED TO ***** THEY HELP SMALL BUSINESS TO OFFER THIS KIND OF SERVICES, WE OFFERED IN THE BUSSINES 3 DAY CLASS AND HELP THE STUDENT TO LEARN HOW TO FILL OUT IMMIGRATION FORMS,MY QUESTION IS I SIGNED A COMPETITION CONTRACT BUT I DONT KNOW EXACTLY WHAT ARE MY LIMITS, I WANT TO OPEN AN OFFICE TO PROVIDE MULTISERVICES, AND PROVIDE AND IMMIGRATION SERVICES BUT SAME LIKE MY OLD BUSINESS , WE DONT GOINT TO TEACH, WE GOING TO FILL OUT THE FORM AND HELP PEOPLE, ITS NOT THE SAME BUSINESS BUT IS THE SAME FIELD IMMIGRATION THEY DONT OFFER THAT THE NEW OWNERS DEDICATED TO TEACH THE LAWS AND I WILL LIKE TO FILL OUT THE FORMS AND CHARGE FOR THE SERVICE , SO WHAT CAN I DOTHIS IS THE AGREEMENT CAN YOU HELP TO UNDERSTAND THANK YOUCONVENANT NOT TO COMPETE: SELLER AND__________,INDIVIDUALLY, SHALL NOT DIRECTLY OR INDIRECTLY CARRY ON A SIMILAR BUSINESS WITHIN WORLDWIDE, ATTEMPT TO HIRE ANY EXISTING EMPLOYEES OF THE BUSINESS, SOLICITIT ANY CUSTOMER OF THE BUSINESS OR ASSIST ANYONE ELSE EXCEPT THE BUYER TO DO SO WITHIN THESE LIMITS, OR HAVE ANY INTEREST, DIRECTLY OR INDIRECTLY, IN SUCH BUSINESS , EXCEPT AS AN EMPLOYEE OF THE BUYER, FOR A PERIOD OF 10 CONSECUTIVE YEARS FROM COP, THIS CONVENANT SHALL BECOME AN ASSET OF THE BUSINESS AND MAY BE TRANSFERRED AS PART OF ANY FUTURE TRANSFER OF THE BUSINESS

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Dwayne B.

Juris Doctor

35,342 satisfied customers
What do I do with a boss who likes to emotionally harass me

What do I do with a boss who likes to emotionally harass me or others to not quit the job to work for her in order to help her to serve clients to make money. I am good to do that so she does not want me to quit but she wants me to sign noncompete agreement to not work for other place. I do not agree with it because this company only gives me few clients and pays me 12 hours weekly. I feel I have right to work for another same type of company to make more money if I want. She threatened me if I quit, she will give me hard time. If I do not sign non compete contact, I may not have this job. What should I do? Please provide me options to either stay or leave. Thanks. I wait for your response now.

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CalAttorney2

Attorney

Doctoral Degree

19,446 satisfied customers
I had a business years and was contracted to a company.

Hi, I had a business for 10 years and was contracted to a company. When my name appeared in the paper for an unrelated criminal matter, my subcontractor took it to my company I was contracted to and ended up with my entire business, including all my sub contractors leaving me with nothing and no explanations. Is this legal?

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Phillips Esq.

Attorney

Juris Doctor

17,972 satisfied customers
I started working remotely company in Ohio as a subcontractor

I started working remotely for a company in Ohio as a subcontractor 10 years ago. In 2011 they hired me full-time and I signed a non-compete agreement. I'm physically located in Florida and they're physically located in Ohio. I left the job in 2015 for 2 months and was re-hired in August 2015 with the promise that things would change for the better. They didn't. I've written multiple e-mails and had many calls trying to fix the problems that were impeding my ability to effectively do my job but they all went ignored.A recruiter contacted me last week and offered a job doing the same type of work remotely for a company located in yet another state that involves a specific e-commerce package. I'm certified in that package (and several others on my own) so they were very interested in hiring me for a lot more than I'm making now plus some pretty amazing benefits.In the interest of full-disclosure, I told the new company about the non-compete and sent it to them but after reviewing it they still want to hire me so I accepted the job. I submitted my two-week notice and was told immediately that they intend to sue me for breach of the non-compete.I have no intent of taking, talking about or even looking at the curreny company's clients. I would happily sign a separate agreement to that effect. The part I don't like is the restriction this seems to put on what I do for a living.The NDA and non-compete are lumped into one document, but the part about the non-compete is below. I had a lawyer review it already and he said it looks like it was written for salesperson. I'm a programmer and rarely interact with any clients directly.------------Agreement Not To Compete Or Solicit.termination of my employment with the Company: (a) become an employee of, owner of (exceptfor the ownership of not more than 3% of the shares of any Competing Business which is apublic company), consultant to or employee of any Competing Business (as defined herein) (b)I will not, directly or indirectly, for a period of 12 months following the voluntaryassist any Competing Business in the design, marketing, advertising or development of anyCompeting Product or Service (as defined herein); or (c) sell or assist in the sale of anyCompeting Product or Service through a jointly owned or managed enterprise, including withoutlimitation any arrangement whereby a third party makes or has made a debt or equity investment(other than a bona fide third party loan from a financial institution) in a legal entity of any type,including without limitation a corporation, partnership, limited liability company or other legalentity in which I or any of my spouse, children, spouses of children, grandchildren, spouses ofgrandchildren or a trust for the benefit of any of them is an owner or other participant, a jointmarketing program, a strategic alliance, a minority business enterprise relationship, adistributorship, a franchise agreement or license agreement. As used herein: (i) "CompetingBusiness" means any person or organization other than COMPANY that is engaged in or is aboutto become engaged in the business of providing a Competing Product or Service within anygeographic area in which COMPANY provides products, processes or services at the time oftermination of my employment or into which of my employment or into which COMPANY has abona fide plan to expand at the time of termination of my employment, and (ii) "CompetingProduct or Service" means any product, process or service of a type provided by COMPANY atthe time of termination of my employment or which improves upon any product, process of, orservice then provided by COMPANY that is marketed or provided in direct competition with anyproduct or service marketed or provided by COMPANY at any time, and specifically includes,without limitation, the creation, marketing and sale of Internet, Intranet, Extranet and Web siteservices.my employment for any reason or if the Company reduces my sales territory, add other salesrepresentatives to my territory, or reduces my commissions or benefits in any way.reasonable restrictions and do not unduly hinder me in my ability to earn a livelihood andsupport my family and myself.

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Richard

Owner

Doctoral Degree

46,674 satisfied customers
I'm in the process of interviewing Controller position

Hi, I'm in the process of interviewing for a Controller position with a food manufacturer that has many food products including Mexican foods. I worked for a different Mexican food manufacturer from August 2013 thru August 2015. I remembered that I signed an Employment contract that had a Competition clause. What can I do in this situation?

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Richard

Owner

Doctoral Degree

46,674 satisfied customers
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