Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

how binding is a non compete agreement and how do you get out

Customer Question
of it .if company is...
how binding is a non compete agreement and how do you get out of it .if company is not doing with u sign on for
Submitted: 9 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 7 minutes by:
12/10/2008
Employment Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,095
Experience: 20+ Years of Employment Law Experience
Verified
Non-compete agreements are binding in almost every state, except California where they are prohibited in most cases. If you have an employment contract that contains a non-compete clause and the employer is breaching its employment contract with you, then you would have to provide the company with notice that it is in breach and give them a reasonable time to cure the breach. The breach must be a material breach, meaning one that without which you would not have entered into the contract. If the company fails to cure the breach, then you would have an argument that their breach and failure to cure invalidated the contract and/or gave you a right to rescind the contract, thus, invalidating the non-compete clause.

Non-compete clauses, to be upheld, must also be reasonable in the scope of employment, geographic scope and time frame. Scope of employment means they cannot restrict you to all employment, but employment only in the area which you performed for them. Geographic scope depends upon the nature of that employer's business or industry, meaning that if the employer is a global competitor they may have grounds to restrict you in geographic areas where they actually compete and those areas may be a bit broader. As far as time frame, to be valid the non-compete must restrict only for a reasonable time and generally the courts have held that no more than 2 years is reasonable in most cases. When these agreements are found to be reasonable, they are generally upheld by the courts, although some courts may modify parts of the agreement that are not reasonable, while some courts may invalidate the whole agreement if there is a part that is unreasonable.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Ask Your Own Employment Law Question
Customer reply replied 9 years ago

thank you for what u have said so far.but unless u know all the details of this contract.i dont feel u can give me a correct answer.i am will ing to pay for this service but i would like to talk to you and give u more details.i was manager for a poker co,that deals cards in local bars,the company is being sued and said they could no longer pay me what we agreed to.this was 3 weeks after i signed.they did agree to pay me a little not even half of what i was making and i said ok for now.however i cant work for this small amt. i have been in charge of 25 bars .and dealers .most of which i went out and got not the company.they are based on the east coast and im on the west.theres still more to this and i would really like to talk to u and send u this contract. i tried to get an app with a busniss att, in my area but had not received responece to any of my calls.i am planing to give me notice on mon.i would like to start the same busniss here ,with much better service to my bars and players as i am right here to take care of them.not clear across the state

Employment Lawyer: Law Educator, Esq., Attorney replied 9 years ago
Unfortunately, the only means we have for contact is through posting the information in here pursuant to the JA Terms of Service.

I will tell you that if they were not paying you pursuant to the contract you had with them, then the chances of invalidating your non-compete agreement are high, since they breached their contract with you. You do not need a business attorney, you need an employment law attorney and the best place to find one to meet with in person is the same site used by attorneys: DANGEROUS URL REMOVED

All of the other information I have provided you above is correct still. You will need to show their breach of the contract to invalidate the non-compete, if not the other grounds for non-competes I provided would apply.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,095
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 121,095
121,095 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,912 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I have a question about employment laws in SC. I am not
I am not sure, but I am a dentist working as an independent contractor for another dentist … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am looking for a lawyer that handles employment law. I
I am looking for a lawyer that handles employment law. I have a case involving defamation, slander, workplace harassment, retaliation, unpaid wages and failure to follow Florida labor laws (wage payme… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Employment Law - NC A company has 15 employees. All
Employment Law - NC A company has 15 employees. All employees are considered fulltime and on salary with includes a certain amount of PTO each year. If an employee takes off more days than he has PTO … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
In Arkansas, under Arkansas EMployment Laws and under the
In Arkansas, under Arkansas EMployment Laws and under the laws of the US Dept of Labor, is it legal to ask an employee that drives a company owned and insured vehicle to pay 1/2 or all of the deductib… read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
I m looking for employment law attorney. Full time with
i had to resign after PIP would like to file age discrimination case, has worked here more than 7 years… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
121,095 satisfied customers
If I have an employment contract that takes me to the end of
Second opinion] If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligati… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
Employment Law: Mandatory training. If required or mandatory
Employment Law: Mandatory training. If required or mandatory to complete. I am an hourly employee and management expectst that we complete while working our shift or is this something that should be p… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm looking for an expert in both "employment law" and
I'm looking for an expert in both "employment law" and "criminal law," for I'm not sure whether my question falls under the "employment law" category or the "criminal law" category or both. On Sunday,… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
This is about employment law. No, that is not necessary or
full time and our contract does include a non compete clause … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
If I have an employment contract that takes me to the end of
If I have an employment contract that takes me to the end of the year and I give two weeks notice, which would cover that time and they terminate me immediately..have I met my obligation under the con… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,003 satisfied customers
Employer contract. MA. At will. Developments agreement
employer contract JA: Because employment law varies from place to place, can you tell me what state this is in? Customer: MA JA: Is the employment agreement "at will," union, full time or part time? C… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
I have a California employment law question. is there
I have a California employment law question. is there someone that can assist? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Florida. I have a question about an employment contract
No, I have a question about an employment contract which requires either party to provide a 60 day notice, which I didn't receive. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,316 satisfied customers
Are you familiar with employment law in Arizona? Full time /
wrongful termination, sexual harrassment misconduct/cover up, hostile work environment, retaliation.....hi-profile employer, out of fear and fiancial panic, took severance and signed. first, any severance in hospitality is unheard of....employer offered me two months, i countered at 6 months and then agreed to five months because of financial situation...to me, this reeks guilt?....can i still pursue complaint with EEOC? I have multiple witmesses to sexual misconduct and did in fact inform management....too much too type...ugh … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
Employment law in Florida. I had an agreement with my
Employment law in Florida.I had an agreement with my employer to get paid for the mileage expenses. Employer says that the request is for 2016 and refuse to pay now that I don't work there anymore. Wh… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
I have an employment contract with my current company. The
Hello, I have an employment contract with my current company. The position was a senior leadership position reporting directly to the vice president. Last March the individual who hired me left the co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
I have a question about employment law and wrongful
I have a question about employment law and wrongful termination. I was fired because of the content of a recorded conversation. I did not consent to any recorded conversation or audio devices in my place of work; they were hidden. I am wondering if I was wrongly terminated. (I am in california, by the way) … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employment contract states that I only have to work
My employment contract states that I only have to work off-site (in other states) for 3 4-week segments (12 weeks) per year. They've recently informed me that I need to do an additional 4-week segment… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x