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Ask INFOLAWYER Your Own Question
Category: Legal
Satisfied Customers: 57340
Experience:  Licensed attorney helping individuals and businesses
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Do you do international employment law, I'm in Canada but my

Customer Question

do you do international employment law
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in Canada but my contract is Iowa
JA: Has anything been filed or reported?
Customer: no just moving on want to see my options
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm Canadian resident with US non compete
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
Can you review my employment compete contract please
Customer: replied 8 months ago.
I'm in Canada working for a Canadian company but want to move on myself
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 8 months ago.
Expert:  INFOLAWYER replied 8 months ago.

Hello and welcome. I am working on your answer and will be right back!

Expert:  INFOLAWYER replied 8 months ago.

I reviewed it. are you asking if the non compete is enforceable?

Customer: replied 8 months ago.
Here is my issues, I'm located in BC, Canada and a large company in Iowa purchased our family business 6 years ago that is still owned and operated in BC, Canada with satellite office in Florida. We broker heavy equipment worldwide and after all this time I still have not got any merit increases or anything just cut backs and I feel its time to move on. The company in Iowa (owner) really has put a lot of stipulation on for a non compete and I was wondering how enforceable this is if I where to go on my own but to buy and sell my own equipment not using my contacts but as we both know our paths will cross.
Expert:  INFOLAWYER replied 8 months ago.

what are the terms of the non compete?

Customer: replied 8 months ago.
In consideration of my continuing employment by HDD Broker, Inc., or any of its subsidiary or affiliated companies (hereinafter "HDD") and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree that:1) Nondisclosure of HDD Information. Except as required in the performance of my duties for HDD or as authorized by HDD in writing, I will not during the course of employment by HDD or at any time thereafter use or disclose to others confidential and proprietary information of HDD or others, including but not limited to third party furnished information which has been provided to HDD with restrictions on its use or further disclosure. HDD confidential and proprietary information is information used or useful in the conduct of HDD business which is not generally known to the public or in a relevant industry, such as information relating to its marketing, brokerage services and strategies, research, development, purchasing, finances, acquisition activity, accounting, engineering, merchandising, selling, and present and prospective customers (including proposals to, agreements with, and relationships with such customers). HDD confidential and proprietary information includes both information disclosed to me by HDD or developed by me in the course of my employment with HDD.2) Nondisclosure of Other Information to HDD. I will not disclose to HDD or induce HDD to use the confidential and proprietary information of others.3) Return of Information. I will return to HDD and stop using upon request or upon termination of my employment, all papers, notebooks, reports, manuals, computer files, software, vehicles, tools, keys and entry cards, identification cards or badges, credit authorization, apparatus, computer user identifiers, pass words and other property furnished to me by HDD, or which was prepared or made in whole or in part by me in connection with my employment by HDD.4) Disclosure and Assignment of Developments. I will promptly disclose to HDD all product, process, hardware, and software inventions, designs, computer programs and related documentation, other works of authorship, and mask works (hereinafter "Developments") relating to HDD's business which I make individually or jointly with others, even if on my time, while I am employed by HDD. For a period of one year after termination of my employment, I will disclose to HDD such developments, if resulting from work performed by me for HDD. Any invention related directly to the business of HDD or to HDD's actual or demonstrably anticipated research or development with respect to which I file a patent application within one year after termination of employment shall be presumed to be an invention conceived by me during my employment with HDD, rebuttable only by accurate, written and duly corroborated evidence that such invention was not first conceived by me until after termination of employment.I do hereby assign all my interest in such Developments to HDD, and upon request and at the expense of HDD, I will do all other acts reasonably necessary to assist it in obtaining and enforcing rights in Developments in any and all countries.Thanks
Customer: replied 8 months ago.
THIS ASSIGNMENT OF DEVELOPMENTS UNDER THIS PARAGRAPH 4 SHALL NOT APPLY TO:(i) AN INVENTION CREATED WITHOUT THE USE OF HDD EQUIPMENT, SUPPLIES, FACILITY OR TRADE SECRET INFORMATION; AND(ii) DEVELOPED ENTIRELY ON MY OWN TIME; AND(iii) WHICH DOES NOT RELATE (A) DIRECTLY TO THE BUSINESS OF HDD OR (B) TO HDD'S ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT; OR(iv) WHICH DOES NOT RESULT FROM ANY WORK PERFORMED BY ME FOR HDD.I acknowledge that the obligations of this Paragraph 4 shall be in effect whether or not I receive or am considered for the award of any additional compensation for Developments.5) Limited Covenant Not to Compete. During the period of my employment with HDD, I will not directly or indirectly engage in, become employed by, or otherwise render services, advice, or assistance to any Competing Business. For a period of twenty four (24) months following the termination of my employment with HDD, I will not, directly or indirectly:A. Organize, assist in organizing, or participate as an employee, consultant or owner in a Competing Business; or
B. Develop or assist in the development of Competing Products for a Competing Business; or
C. Sell or assist in the sale of any Competing Product to any customer of HDD which I solicited or with which I dealt while employed with HDD.Such restriction shall apply to my actions anywhere in the United States.As used herein, "Competing Business" refers to and means any person or organization other than HDD which is engaged in or is about to become engaged in the design, research, development, production, marketing, distribution, leasing, selling, or servicing of a Competing Product. As used herein, "Competing Product" means any brokerage service, product, process, system, or other service which is or may be marketed in direct competition with any brokerage service, product, process, system, or service marketed or under development by HDD at any time during my employment with HDD.6) Notice to Subsequent Employers. For a period of two (2) years after the termination of my employment with HDD, I will inform any new employer (before accepting employment) of the terms of this Agreement.7) Obligations Unconditional. My obligations under this Agreement are unconditional and do not depend upon the performance of any agreements, duties, obligations or terms outside this Agreement.8) Remedies. In the event of any breach of any of the provisions of this Agreement, HDD, in addition to any other rights, remedies, or damages available at law or in equity, shall be entitled: (a) to temporary, preliminary and permanent injunctive relief, enjoining and restraining any such breach; and (b) in addition to any other award of damages to which HDD may be entitled, to recover all costs and expenses, including attorneys' fees, incurred by HDD, its successors, and assigns as a consequence of any such breach.9) Governing Law. This Agreement shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the United States of America and the State of Iowa.10) Severability. Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect.
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Expert:  INFOLAWYER replied 8 months ago.

The terms of the non compete are overbroad as to time and space, and are not likely to be enforced. Courts do not favor non competes generally, and will only uphold ones that are very limited (12 months, short radius)