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I recently accepted an offer from a competitor to my current…

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I recently accepted an offer...
I recently accepted an offer from a competitor to my current employer. My company covers a wide range of products and has multiple divisions to support those product groups. The offer I received is from a competitor for a different divsion that I work in selling a different product and the customer base has minimal overlap. I did sign a non-compete within my division that contains two paragraphs of concern...one indicates that I cannot market similar product to the ones specifc to my division, but the other is more broad and states that any customer or identified prospect of the company within the territory of any branch I have worked in within the last 12 months may not be called on by me regardless of my relationship/knowledge or lack of for the account. Is this broad statement acceptable? It seems I could cross markets and still have issues and restrict my right to work in any job field.
Submitted: 8 years ago.Category: Employment Law
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Answered in 8 minutes by:
6/12/2010
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
Verified
It appears that the broad portion of the agreement limits you from selling to any customer or prospective customer for a period of one year. In some situations, noncompete agreements are not enforceable due to being overly broad. The general rule will be if the restriction protects the legitimate business interest of your company then it is permissible. Being restricted from calling on customers and prospective customers for a one year period would probably serve to protect legitimate business interest. This restriction would probably be enforceable based on the information presented.

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Customer reply replied 8 years ago
Relist: Answer quality.
Employment Lawyer: MDLaw, Employment Lawyer replied 8 years ago
MDLaw
MDLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,138
Experience: Experienced attorney representing companies and individuals in employment law matters and litigation
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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).

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