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Software company. Id like to build competing product outside…

Customer Question
Software company. I'd like to...
Software company.
I'd like to build competing product outside of my company.
Need help in reviewing my non-compete agreement - what options do I have.
Submitted: 8 years ago.Category: Employment Law
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Answered in 7 minutes by:
6/10/2010
Employment Lawyer: JBaxLaw, Employment Lawyer replied 8 years ago
JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11,396
Experience: Government and private sector employment law experience
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Ultimately, you may want to hire an attorney to review the document. You may decide you do not want to waste the time and expense to do so. There are some key issues you may look for in the agreement. These non-compete agreements are generally enforceable for starters.

There are some exceptions. For example, if the agreement is overly broad in time or geographical scope it may not be enforceable. The issues is whether the restrictions serve a legitimate business purposes. If the restrictions scope protect a business interest then they are enforceable. Often these agreements will state that you cannot sell a product to or work for customers of the business. This is enforceable. More importantly, these agreements may state that you agree not to sell a competing product for a designated period. If your agreement states such a restriction, then the agreement would likely prevent your intented actions. Most likely this agreement you are reviewing was written by an attorney and carefully drafted in such a way that it is enforceable.

Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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Customer reply replied 8 years ago
Thank you for your answer.

I'd like to send my scanned contract so that you review it and give me an estimate on how much will it cost to work together to find out what my options are.

Again, as the result of your review I'm expecting an estimate on finding non-compete workarounds.

If you agree, I'll accept the answer and send you the contract for estimation.
Employment Lawyer: JBaxLaw, Employment Lawyer replied 8 years ago
I appreciate your patience. Unfortunately, there are likely no "work arounds." In reality, if you violate the non-compete agreement the employer will file a civil suit. Even if you were to be succesful in defending the suit, you will need to pay considerable attorney expenses.

It appears that you intend to find a way to breach the agreement. You will not be able to avoid the risk of litigation. If you want a legal opinion regarding the actual language of the agreement, then you will need to obtain a local attorney.


Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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