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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5687
Experience:  Exclusively practice labor and employment law.
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Under a non compete Sales Role Contract, employer has not

Customer Question

Under a non compete Sales Role Contract, employer has not delivered on job details offering since my hiring.
Can this negate a non compete agreement, and allow me to pursue other employment within the same industry, same state, same area ?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

How has the employer not delivered on the job details, please explain what you mean by that. Were the job details/description a part of the same contract in which the non-compete was listed, and which I presume you signed off on?

Customer: replied 1 year ago.
MAJOR ACCOUNTS MANAGER,, however, according to their own vetting system of what constitutes a major account, I have 4, as apposed to the 40-100 I was told would be.. generating 135 grand a year in income ( base plus comm)..
Accts list has changed recently to attempt a better scenario, but with the internal struggles, I just want out.. and in my industry, I am well known and desired, and this is the first time I have ever signed one of these..
Expert:  John replied 1 year ago.

I see. In this scenario, because they promised you a very specific job, and did not deliver on that promise, you could have the contract ruled void by a court. You'd claim fraud in the inducement (alleging they knew they didn't have the position and offered you it anyway) and/or breach of contract in that they didn't give you the work they promised in that contract in any event. Now, this isn't a guarantee they will not sue you and that you will not have to defend a case if you leave and compete. What I am stating is that you have a defense, and quite a good one, in the event that they do sue you for competing with them. The alternative is you go on the offensive in what is called a declaratory action and ask the court yourself to rule the contract void; you do that before they sue you. In short, only a court can tell you that your contract is void for these reasons...not me...not their lawyer...or any lawyer you hire.

Expert:  John replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 1 year ago.

Sorry to bother you. Please take a moment to positively rate the answer I provided. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get nothing for my time spent answering your matter. Thank you.