Employment Law

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I have a question on a non compete that I have. I was

Customer Question
I have a question...

I have a question on a non compete that I have.

Lawyer's Assistant: Have you documented this or discussed it with HR?

I was recently terminated and the non compete section was in my original employment agreement

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that I am based in PA and I have worked in the same industry, selling software solutions to banksfor over 25 years

Submitted: 3 months ago.Category: Employment Law
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Answered in 8 minutes by:
3/7/2018
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
Can’t respond. Won’t let me send
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Interesting. Are you trying to upload something?

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Customer reply replied 3 months ago
employment agreement
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see. You may need to contact customer care to get that bad boy uploaded. Sometimes there's issues. If you want, we can discuss without uploading if you have questions about it.

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Customer reply replied 3 months ago
Was recently terminated. I have been in the same industry, selling software to banks for 25 years. Non-compete restricts me for 1 yr to sell
Customer reply replied 3 months ago
to banks in US
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

Interesting. So, it's prohibiting you from working for any company that sells to any bank in the US, correct?

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Customer reply replied 3 months ago
yep. I'm 61 years old and it has been my career long area where I can earn a living
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

I see what you mean. Ok, so generally non-competes are going to be enforceable by a court so long as they are reasonable in time, scope, and geography. In your case, it appears as if the time is reasonable because most courts will enforce a non-compete up to two years. However, the scope and geography seems extremely broad and vague. To prohibit you from working for any company that sells software to any bank in the U.S. effectively prohibits you from working for any company in your industry for the next year. Even if there is a company who only assigns a fraction of their business to selling the software, it seems possible that you would be prohibited from working from any other company that deals with banks at all. That would be far too broad and what's considered "unconscionable" under contract law.

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Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago

What I usually recommend is that you should continue looking for job inside your industry. The reason is because even if the former employer tried to bring a lawsuit, they would have to prove damages. This means that they would have to show your working for a new company has somehow caused them financial harm. If they can't prove that, then the court wouldn't be able to award them damages. I'm very sorry about your situation.

What other questions did you have for me today about this?

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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.

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