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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20228
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work for a placement agency in a different state than my

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I work for a placement agency in a different state than my placement. I signed a non-compete agreement with the parent company. Now the company where I am placed wants to stop using the parent company and their services. Where does that leave me? Can I apply for the position that will be open when the placement agency is no longer connected with the place I am at?

Thank you for the information and your question. Whether or not you would be prohibited from taking this job directly with the current place where you are employed depends entirely on the exact language of the non-compete agreement. This area of the law is very complex and fact specific and you absolutely need to have a local attorney review the document to first see if it is enforceable in general and then to see, if it is, what exactly you would be prohibited from doing and for how long.

If your attorney does not believe that the agreement is enforceable, perhaps because the prohibition is too long or too broad in terms of duties of geography, then the best thing for you to do is usually to have your attorney file a petition with the court for a declaratory judgment that the agreement is unenforceable. It is always better to take the proactive step like that, because that avoids being hit by an injunction and a law suit by your former employer after you are already working at your "new" job.

What I can tell you in general, that non-competes are generally enforceable unless, as I mentioned, they were signed a long time after the beginning of employment and there was no extra consideration paid for that signature, they are too long in length (that varies from court to court), or they prohibit virtually all employment in your field or for the entire country. But again, very important that you have a local employment law attorney review your agreement in light of what you do and what your industry is to see if you have any limitations.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
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