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Recent Non Competition questions

I am in sales and signed a non compete agreement with my

I am in sales and signed a non compete agreement with my company about 6 years ago. I have just left my company and was told that I can not pursue my clients for a period of one year. Does my company (based in Alexandria Virginia and I am in Texas) have this leverage over who I choose to work for?

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ScottyMacEsq

Doctoral Degree

22,510 satisfied customers
Non compete, Indiana, No, I'm interviewing

HiJA: Hi. What is your issue regarding?Customer: Non competeJA: Because laws vary from state to state, could you tell me what state is this in?Customer: IndianaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I'm interviewing

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Ely

Counselor at Law

Juris Doctor

63,650 satisfied customers
Im in Ohio and am considering an offer from a consultant

Im in Ohio and am considering an offer from a consultant firm that supports a major company at which I previously interned. I have a meeting with them this afternoon to accept/reject offer.My questions: is the attached non compete agreement (section 10) they are asking me to sign enforceable or is it too general? Does it prevent me from working from any other consultant in that specialty or just competitors to that consultant's list of supported companies for the 24 month period? Does it prevent me from taking employment with that major company I previously interned for during the period? At the supported division level or the entire corporation, let's say its some company as broad as GE? What should I ask for in my meeting with them today - like reduced term (12 months originally offered), specificity on restrictions – please give examples?10. NON-SOLICITATIONFor a period commencing from the date hereof and ending twenty-four (24) months after the termination of Employee's employment with the Company for any reason, whether voluntary or involuntary, with our without cause (the “Non-Competition Period”), Employee shall not, directly or indirectly, whether as an officer, director, proprietor, employee, partner, investor, consultant, advisor, independent contractor, agent or otherwise, except on behalf of the Company, contact, or be interested in any business which contacts any customer or client of the Company for purpose of soliciting work or business from that customer or client. This covenant not to solicit shall apply only to the solicitation of work or business that is of a similar nature to the work or business performed by the Company and which, therefore, is work or business in competition with the Company.(a) During the Non-Competition Period, Employee will not, directly or indirectly, whether an officer, director, proprietor, employee, partner, investor, consultant, advisor, independent contractor, agent or otherwise, take any action, or be interested in any business which takes any action, that will cause the termination of the business relationship between the Company and any client or customer of the Company or solicit, or be interested in any business which solicits, for employment or for engagement as an independent contractor any person employed by the Company.(b) During the Non-Competition Period, Employee will not, directly or indirectly, induce any employee or agent of the Company to leave the employ of the Company or sever any agency relationship with the Company and will not, directly or indirectly, employ or become associated with any person who was an employee or agent for the Company on the date of termination or within twelve (12) months prior to such date.

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Lucy, Esq.

Juris Doctor

29,892 satisfied customers
I signed a non compete clause with an employer for 2 years

I signed a non compete clause with an employer for 2 years after I left. I started my own business in the same field in January it has now been 16 months since I left he has sent me a letter intending to get an injunction. We are in Tennessee a right to work state how enforceable is his claim at this time

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Patrick, Esq.

Doctoral Degree

17,412 satisfied customers
We are subcontractors to a large Systems Integrator and we

We are subcontractors to a large Systems Integrator and we did most of the job for them on a large project. Now they are taking over our positions and claiming that they are wanting to develop our skills with their organization, in the hope of competing with us during a rebid of the contract. We dont have explicit language in our subcontract preventing this. Do we have any recourse - such as they are reducing our competitiveness, or they are "bullying" a smaller comapny?

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Infolawyer

Attorney

Juris Doctor.

37,294 satisfied customers
My employer has a non compete clause. One of the firms I am

My employer has a non compete clause. One of the firms I am considering is named in the new employees HR package however it wasn't in mine at the time of my hiring in 2010. Their definition of a "competitor" is very broad but the firm I am looking to join does have something that would fall under that broad range, especially since it is new employee packages. I know former employees who joined this firm within the timeline of the no compete but I believe most of them were fired, I would be resigning, not sure if that makes a difference. I have both financial and ethical reasons to leave my current firm. It has become a toxic environment fraught with paranoia and dishonesty and the message they are making us convey to our clients goes against my beliefs. What this company lacks in integrity it more than makes up for in intimidation. I have addresses in both NJ and Pa. Not sure if one is more favorable to the employee in these cases but I am seriously considering this move

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Christopher B, Esq.

Attorney

Juris Doctor

4,976 satisfied customers
I am a patent attorney living in California and member of

I am a patent attorney living in California and member of the California Bar. I am potentially going to do work as a contract attorney for a law firm in Washington (not as an employee of the firm). They are wanting me to sign a non compete/solicitation clause with respect to the firms' clients. I understand noncompete clauses are generally not enforceable under california law. Note the contract is written to have Washington state law apply. The question is, as a california lawyer, even if non-competes were allowed under Washington law, am I allowed to (based on being a member of the Cal State bar) or subject to a non-compete clause for legal services in a contract written under another state's law (assuming for this question, that Washington law allows noncompete clauses for lawyers).

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

106,576 satisfied customers
I need clarification of this clause in my current Employee

I need clarification of this clause in my current Employee Agreement, which I signed Oct. 2014. Is the 90 days notice enforceable? What if I give only provide a two-week notice and accept an offer from another company (non-competitive with current employer)? My prospective employer knows I currently work this company (same industry) and requires a copy of my EA before hire. Can I accept new company's offer by end of this week? I am in sales. I live in Dallas county, TX.ARTICLE IITERM OF CONTRACTSection 1. Either party may terminate this Agreement for any reason or for no reason, with or without cause, at any time, upon ninety (90) days written notice to the other party. In the event the Company or the Employee terminates this Agreement by providing the other with ninety (90) days advance written notice in accordance with this Agreement, the Company may decide, at its sole discretion, to pay the Employee for such ninety (90) days period in accordance with this Agreement without requiring the Employee to work during such period. This Agreement may be earlier terminated by the Company immediately and without any prior written notice in the event that (a) the Employee shall at any time fail or refuse to perform Employee's duties in a manner satisfactory to the Company as determined in the Company's sole discretion; (b) Employee's death; or (c) Employee has a disability that prevents Employee from performing the essential functions of Employee's full duties with a reasonable accommodation for a period of ninety (90) consecutive days at any time during the term of this Agreement (those matters listed in this Section 1(a) and (b) shall be referred to herein as for “Cause” termination events).

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ScottyMacEsq

Doctoral Degree

22,510 satisfied customers
I'm a mortgage agent and I was working with a brokerage as

I'm a mortgage agent and I was working with a brokerage as an agent and I signed a contract with them to stay with them for one year, and it was commission base contract, no salary , so after 5 months I decided to leave this brokerage and join another brokerage and I paid them the penalty that they asked me, not that I left them the sent me an email mentioning that there is a part of my contract with them called non-competition clause, and base on that part I can not work with any other brokerage in 20 km radius from their main office and for some reason I really want to work with this new brokerage but they sending me emails and threatened me that if I don't sign off from this new brokerage they will take legal action against me based on the contract that I signed with them and it mentions about non-competition clause so my question is can they really force me to not work with any brokerage I like even if I signed that contract that I believe it is not a fair contract? I need to know what can I do to not leave this new brokerage and stay with them because I really need it, any suggestions?

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37,824 satisfied customers
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