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If I have a non-compete, can I be stopped from going to a…

If I have a...

If I have a non-compete, can I be stopped from going to a company that my current employer says is a competitor even if we have tried to sell our services to that company. How can a company be a prospect and a competitor?

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

I have. They say they are going to enforce the NC. I sent a copy of the NC to a lawyer, but I haven't heard back for 2 days. I have a call with the owner today and I just want to know if this can be used to determine that they aren't actually a competitor.

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

Yes I am at will and no union

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

Too much to write. The CEOs have talked and couldn't come to terms.

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Answered in 1 minute by:
3/21/2018
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 30,941
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Good morning. Do they engage in the same type of business or services? What does your company do and what does this other company do? Is there anything related or similar or do you go after the same customers?

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Customer reply replied 1 month ago
Thank you

My pleasure. I had a few questions above

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Customer reply replied 1 month ago
They have gone after the same clients. But they are different. The current company is a research and advisory business. They give businesses advice for an annual subscription fee. The new company is a traditional project based consultant with a price point 10x the current company. The current company says they do consulting, but it is relatively small and I have never work on any consulting projects. My bigger question is that some companies are tagged as competitors in our data base and others as prospects. Can a company be considered a competitor if we are also trying to sell our services to them?
Customer reply replied 1 month ago
One similar company is a client and another is a top 100 prospect. The actual company I want to move to was prospected as recently as November

It is possible if they have the same or similar characteristics BUT it is going to be up to a Judge or Jury to decide, based upon the evidence presented by the company who is seeking to enforce this against you. It is not just a Yes or No answer right now, as they believe they are and you believe they are not and it would need to be looked into, in detail, the scope of what they do and who their clients are and what you do, etc. Moreover, they would have to file and sue you and ask the Judge to issue a temporary injunction, if they wanted to stop you from working for this other company. If they send notice to the company and the company says you can not work for them and they do not want to deal with this and get involved, you would need to sue them, to try and have this voided and declared invalid and not something that is enforceable.

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Customer reply replied 1 month ago
Could I get damages if it is determined that the company over-reached in prohibiting me from moving and they fire me.

It is possible if it is determined that the NC was not valid or you were not in violation of it and as a result of them going after you, you were harmed and damaged.

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Customer reply replied 1 month ago
Ok thanks

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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