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Is the non-compete section of my current employment contract…

Customer Question
Hi Is the non-compete section...
Hi Is the non-compete section of my current employment contract valid since 12/1/2015:
"You agree that while employed and for the period of one (1) year after separation from
the company you will not accept hourly, contract or temporary work, or employment of
any kind from a client or direct competitor of 11 Bridges (DBA Staffing Robot). Direct
Competitors are defined as companies that market, sell, create and deliver website
design, website/software development, graphic design, branding and marketing services
to companies in the staffing and recruiting industries, or corporate sites for medium to
large size companies."
If I get laid off what are my options?
Submitted: 2 years ago.Category: Business Law
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Answered in 5 minutes by:
2/19/2016
Business Lawyer: Barrister, Attorney replied 2 years ago
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 41,612
Experience: 17 years practicing attorney, JD, BA, MBA
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

If I get laid off what are my options?

.

Unfortunately, the mode of your separation wouldn't matter legally to the noncompete... Whether you quit, are fired, or are laid off, the noncompete is still enforceable so as to prevent you from working for a competitor.

.

So if you are laid off, then your recourse would be to file for unemployment while looking for alternate employment that wouldn't technically violate then non-compete.

.

But theoretically if you did quietly work for a competitor, the former employer would 1. have to become aware of this and 2. decide it was worth the money to hire an attorney to try and sue you to enforce the agreement. So if both of these didn't happen, then even if you were in violation, nothing will happen to you.

.

.

thanks

Barrister

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Customer reply replied 2 years ago
Hmm not the best answer, but I understand.
Business Lawyer: Barrister, Attorney replied 2 years ago

Yes, unfortunately non competes are enforceable regardless of the reason for separation of employment...

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks

Barrister

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Category: Business Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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