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I have a question about Utah employment law. It is regarding

I have a question about...
I have a question about Utah employment law
JA: Is the employment agreement "at will," union, full time or part time?
Customer: It is regarding a noncompete and whether it would apply to a new employer.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Utah
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so What is the rest of the fee after the deposit?
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Answered in 1 minute by:
10/20/2017
Legal Expert Justin
Category: Employment Law
Satisfied Customers: 230
Experience: Attorney
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Hello! My name is ***** ***** I'll be the Expert assisting you today. You will be billed $23.50 for this conversation if you think the answers you receive are acceptable. Would you like to proceed?

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Regarding the non-compete agreement, did you leave employment with your current employer and are now seeking a job somewhere else? Or has a new company taken over old one?

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Customer reply replied 1 month ago
I signed a noncompete agreement for a job where I was working in a call center that handles call center services for other companies. I am now looking for a new position and was given an offer with another company's in-house call center and am concerned about how the noncompete (attached) would apply.
Customer reply replied 1 month ago
I think that section 4 is the relevant one.

What was the nature of the call center work at both places? Are you answering the same type of calls about the same subject areas at both jobs?

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Customer reply replied 1 month ago
Different subject areas. The first, they were calling people on behalf of a client. The second is taking customer service calls. I think the first employer does offer those sorts of services as well.

Then you should probably be okay. The non compete agreement only specifies that you can't work for a company that provides the same services or is in competition with your previous employer. Although there may be some overlap, courts have generally invalidated non compete contracts if they are overly broad. Prohibiting a person from working in any kind of call center would certainly qualify as overly broad. It is certainly overly broad geographically, since it is supposedly worldwide (no court would enforce this provision).

Also, it likely wouldn't be worth it for your old company to seek enforcement of the contract for a lower level position. They would also have to prove their actual damages, which would be almost impossible. Their liquidated damages clause also probably wouldn't be enforced since they are stating the damages are so high.

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Customer reply replied 1 month ago
Okay. Thank you. I actually used to be an attorney and am doing this while I get my business strategy business going and I was pretty sure that it wouldn't work in my old state, but didn't know about Utah. Related question, does Utah blue pencil or would the entire contract be invalidated?

Funny you should ask. I was doing some more research and found this blog post about recent changes to the laws regarding these agreements. It looks like the entire contract would be void in this particular case (according to this blog).

http://utahemploymentandlaborlaw.blogspot.com/2016/05/new-utah-non-compete-bill-effective-as.html

I hope I’ve provided the information you were seeking. If you are happy with my service, your 3, 4, or 5 star rating at this time is most welcome. If you need more help, please let me know so I can continue to assist you.

Legal Expert Justin
Category: Employment Law
Satisfied Customers: 230
Experience: Attorney
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Customer reply replied 1 month ago
Thank you. I will do that.

You are very welcome!

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