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I am in a non-compete situation in WI where the clause reads

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that I can not be...
I am in a non-compete situation in WI where the clause reads that I can not be involved in any business that competes with the company with respect to products that were sold on my termination. After that paragragh, it states that it only pertains to actions taken my the employees in five states. The question is, if I do not comepte at all in these five states, can I start my business ehre, and ship to other states until the non-compete is over?
Submitted: 8 years ago.Category: Business Law
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5/1/2009
Business Lawyer: MShore Law, Attorney replied 8 years ago
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Good evening,

 

Assuming I understand your restrictive covenant in the contract to read that you are not able to compete against the former employer in the sale of products sold on the date of your termination, and that the geographic limitation is limited to sales within 5 named states, then you may start your business and ship to other states so long as the customers to whom you are selling do not operate within the 5 restricted states. I hope this answers your question. If you are satisfied with this answer, please be sure to click the "Accept" button at the bottom of the page in order that I may receive the proper credit for this answer. If I have not fully answered your question, please contact me and I will happy to elaborate. Thank you.

MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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Customer reply replied 8 years ago

It says Engage in or become associated or interested in any business in competition with the corporation as a shareholder partner ect..with respect to any products which were manufacttured or offered for by the company at termination.

 

The enxt paragragh says the restrictions above sall only apply to actions taken by the employee within the states of MN,WI,IL,IN,MI.

 

Can I start in WI, but not compete in those four states?

Business Lawyer: MShore Law, Attorney replied 8 years ago

Thank you for the clarification. You cannot start in any of the five states, nor can you offer products for sale to the residents of any of the five states.

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