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I have given my notice, and am planned to start with a new…

Customer Question
I have given my...

I have given my notice , and am planned to start with a new company. My current Employer is acting like they are going to enforce my non-compete, even though my new employer is in different markets that what I concentrated on at my current employer. What are my options if they try to enforce my non-compete?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

My Current employer is head quartered in Ohio, i signed the non-compete living in GA

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

At will Full Time, Sales Role

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

Both Companies are in the Pressure sensitive business.

Submitted: 4 months ago.Category: Employment Law
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Answered in 2 hours by:
3/9/2018
Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago
Attorney Wendy
Category: Employment Law
Satisfied Customers: 1,152
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for about 20 years. If you have a copy of the non-compete agreement you signed that would be helpful and I can provide a more specific response to your question. Generally, and in most states, non-competes are not encouraged or favored but may be enforceable as long as they are reasonable as to time limit and geographic restrictions, as well as the scope of work that is prohibited. In other words, the non-compete needs to be related and not stray too far in terms of location in which you worked for the employer. In addition, you cannot generally be prohibited from competing for a lengthy amount of time. In most states a reasonable time is somewhere in the 1-3 year range. A couple other facts that will impact the enforceability of the agreement would be whether the agreement specified under which state's laws it was to be interpreted (given you signed it in Georgia it would be common for either that state's laws or the laws of the state in which the company was headquartered, Ohio in this case, to apply). And, if it is Georgia law there would be significant differences in how enforceable it is if it was signed prior to or after 2011, where if after*****could revise the agreement if deemed unreasonable to impose reasonable restrictions. If in Ohio the focus is on the general reasonableness I set out above with considerations also of the undue hardship on the employee and whether the restrictions would injure the public (e.g., restrict a physician from practicing medicine in an area in need of more healthcare). If you want to provide a copy of the agreement or more information about it, I would be happy to provide a more detailed response.

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Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago

If you need additional help, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This is for informational and educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Employment Lawyer: Attorney Wendy, Lawyer replied 4 months ago

Happy Friday! I just wanted to check in to make sure I answered your question and to see if you need any further assistance with this issue.

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