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I had a non compete claus as a full time employee but now I…

I had a non...

I had a non compete claus as a full time employee but now I am part time is it still enforceable

Lawyer's Assistant: Have you discussed the non-compete agreement with a manager or HR? Or with a lawyer?

I haven’t no

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union, just an hourly employee and make my own hours now

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

That’s all I can think of

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Answered in 2 minutes by:
3/28/2018
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,821
Experience: More than 30 years in legal practice.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
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Which state?
Does the agreement contain a specific provision stating it will terminate if you drop to part time, or something similar?
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Customer reply replied 3 months ago
Nebraska, I work in Radio
Customer reply replied 3 months ago
No it was just a general 8 month non compete
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.
There are no statutory provisions defining the rules on non-competes in Nebraska. All of the law comes from court decisions. As a general rule, non-compete agreements will be upheld so long as they meet three requirements:1. The restriction must be reasonable in the sense that it is not injurious to the public. That is to say, the agreement cannot deprive the public of valuable goods and services;
2. The restriction must be reasonable in the sense that it is no greater than reasonably necessary to protect the employer in some legitimate business interest; and
3. The restriction must be reasonable in the sense that it is not unduly harsh and oppressive on the party against whom it is asserted.So, assuming it meets those requirements, it is still enforceable, without any specific provision for termination.
I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheelson this, or blindsided by liability.
That does not mean, of course, that your employer and you can not renegotiate the terms of the agreement or waive it altogether. So, it may be something to revisit with them in light of the current part time employment.I am happy to continue if you have further questions.
If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Customer reply replied 3 months ago
I appreciate your time and assistance
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
A bonus is not expected, but is always appreciated.
Thank you for using JA.
Loren
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,821
Experience: More than 30 years in legal practice.
Verified
Loren and 87 other Employment Law Specialists are ready to help you
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Loren
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Category: Employment Law
Satisfied Customers: 38,821
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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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