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Recent Non Competition questions

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

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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

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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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If I accept a new sales position based in California, my

If I accept a new sales position based in California, my employer wants me to sign a 1 year "non compete" agreement, with "Choice of Law and Forum" clauses/agreement tied to the state of New Hampshire laws. Since I will be an "At Will" employee, if for any reason I leave or am terminated, can this agreement be enforced if I were to go to another competitor in California?

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Patrick, Esq.

Doctoral Degree

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Good afternoon: Would the following statement, written on an

Good afternoon:Would the following statement, written on an employee agreement under the State of MA jurisdiction, limit my employment options to just the two companies noted as "specific" or, would it be interpreted as "any competitors"?[NON-COMPETITION AND NON-SOLICITATION(a) Non-Compete.(i) Non-Compete. I agree to not work for any of xxxxx competitors, specifically, xxxx/xxxx and xxxxx, for a period of 1 year after you leave the employment of xxxx, Inc. (provided that xxxx does not initiate the employment termination, for any reason, before 1 year has occurred. In this event, where xxxx has terminated the relationship in that time period, there will be no non-compete agreement).]Also, is there a common and agreed upon definition of "competitor"?

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Lucy, Esq.

Juris Doctor

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29,466 satisfied customers
I was recruited sales position a Hyatt hotel to work

I was recruited for a sales position a Hyatt hotel to work for a Hilton hotel. The new employer is requiring me to sign a non-compete. He will not change it to limit the geographic area or scope. He will not eliminate it. I am concerned with being legally able to find work after this position. If I decide to pursue work after this, will this non-compete hold up?Non-Solicitation of Clients:You acknowledge that, because there is a limited market for the products and services performed by the Company, the Company faces a legitimate and significant potential for injury from competition by former employees working for competitors of the Company. Therefore, during your employment with the Company, and for a period of twelve (12) consecutive months following the termination of your employment (for any reason), you will not directly or indirectly:a) Contact, solicit, interfere with or divert any of the Company's customers for which you perform services during your employment with the Company, for your own benefit or for the benefit of other companies, individuals, or business entities which are in competition with the Company. You acknowledge that this restriction is necessary in order to protect the good will of the Company and its near permanent relationships with its customers.

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RobertJDFL

Attorney

Juris Doctorate

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Peal JA: The Employment Lawyer will need to help you with

Hi PealJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No not yetJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: Hi I am Graduate Student and I have just received an Offer Letter for a Consultancy Firm. Before signing the acceptance letter I ran through a statement and want to make sure what are restrictions I will be looking atJA: OK. The Employment Lawyer will need to help you with this. Is there anything else the Employment Lawyer should be aware of?Customer: The statement is Therefore, during your employment and for a period of twelve months thereafter, you must not directly or indirectly: (1) solicit for employment or hire any employee of xyz or anyone who was an employee of xyz at any time during the preceding six (6) months; or (2) cause or encourage any other party to do so. For a period of twelve months after the termination of your employment with xyz, you must not, for your own account or for the account of any other person or entity, solicit, call on or provide competing services for any of xyz's customers or prospective customers if you have solicited, called on or performed services for that xyz customer or prospective customer during the twenty-four months preceding your termination from xyz.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Gerald-Esquire

Juris Doctor

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4,894 satisfied customers
Non Compete Agreement- Texas I signed a non compete 5 years

Non Compete Agreement- TexasI signed a non compete 5 years ago at the company im currenty working for- Im in process of starting my own business and wanted to get thoughts on how strong the non compete is.things to consider:My compensation plan was just changed (negatively)The principal office has changed from the original agreement

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John

Attorney

Doctoral Degree

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I got recently terminated by my employer, and they have

Hi ,I got recently terminated by my employer, and they have asked me to sign the below letter(not obligatory).Please let me know if there is any issue in signing this letter.---------------------------------------------------------------------------------------------------PLEASE READ CAREFULLY AND CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS SEPARATION AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ANY AND ALL KNOWN AND UNKNOWN CLAIMS AGAINST ITCOMPANY1 IF YOU DO NOT UNDERSTAND THE DOCUMENT FULLY, DO NOT SIGN IT SEPARATION AGREEMENT AND GENERAL RELEASESEPARATION AGREEMENT and GENERAL RELEASE (the “Agreement”) made this 30th day of March 2016 by and between Employee1 and ITCompany1 Services, LLC and its related and/or affiliated companies (“ITCompany1” or the “Company”).WHEREAS, Employee has been employed by ITCompany1 since on or about September 30, 2015 andWHEREAS, Employee signed an Employment Agreement with ITCompany1 at the commencement of his employment on August 3, 2015; andWHEREAS, Employee and ITCompany1 have discussed Employee's separation from ITCompany1; andWHEREAS, Employee and ITCompany1 wish to resolve and fully and finally settle, compromise, and forever discharge any and all claims and issues that have been raised, or which could have been raised, or which Employee has now or may ever have had against ITCompany1 or which ITCompany1 has now or may ever have had against the Employee; andNOW, THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS:1. Termination of Employment. Employee agrees that his employment with ITCompany1 will cease on March 30, 2016. The Employee agrees that he will cooperate fully with ITCompany1's efforts to transfer Employee's duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition.2. Return of Company Property. Employee agrees to return all Company property in Employee's possession or control to ITCompany1 including, but not limited to, any computer equipment, office keys, credit and telephone cards, blackberry, mobile phone, ID and access cards, and any and all original and duplicate copies of checklists, cheat sheets, training material, reports, company files, calendars, books, employee handbooks, records, notes, notebooks, correspondence, customer lists, manuals, customer lists, computer programs, computer disks, diskettes and any other magnetic and other media materials containing confidential or proprietary information concerning ITCompany1 by March 30, 2016.3. Consideration. In consideration for signing this Agreement, and in full satisfaction of all of the Company's obligations to Employee, the Company agrees that it will pay [sum amount] less applicable statutory deductions within 21 days of receipt of an executed copy of the Agreement from the Employee and the return of all Company property referred to in paragraph 2.4. No Bonus Payment. Employee will be ineligible to receive any bonus payment for calendar year 2016.5. Relocation Airline Costs. ITCompany1 will reimburse Employee on actual expenses incurred by him for one return airline ticket to India.6. Fair Benefit. Employee understands and agrees that the Payment referenced in Paragraph 3 above is more of a benefit than ITCompany1 is required to provide to Employee under any normal policy, plan, procedure or contract with ITCompany1.7. Non-Admission of Liability. This Agreement is not an admission of wrongdoing or liability of any kind by ITCompany1 or any of its former or current principals, officers, directors, representatives, agents, employees, and consultants, and any such wrongdoing and liability is expressly denied. This Agreement is entered into by the parties to avoid and to end all controversies between them.8. Continuing Obligations. Employee agrees to: (a) cooperate fully with ITCompany1 in its efforts to transfer such duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition, including the retention of a suitable successor; (b) respond to reasonable inquiries from ITCompany1' s representatives concerning Employee's projects, activities and matters under Employee's supervision while he was a ITCompany1 employee; and (c) respond to reasonable requests to cooperate with ITCompany1 and its representatives concerning any investigation, claim or lawsuit initiated by any person, organization or entity (including any government agency) against ITCompany1 and/or Employee including but not limited to assisting in the preparation of ITCompany1's defense, consulting with ITCompany1 counsel, attending and/or if knowledgeable, testifying truthfully at any administrative arbitration, judicial or other proceeding. In making requests pursuant to this Paragraph, ITCompany1 agrees, where practicable, to consider the personal and business commitments of the Employee.

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P. Simmons

Attorney

Doctoral Degree

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