non compete

[tastyirl]

What is the name of your state (only U.S. law)? VIRGINIA

Hello,
I have been working as a screen printer for almost 10 years, pretty much since I finished high school. My current employer made me sign a non compete when I began employment two years ago which was a first. It says that I can not work for a competing business for one year after termination within 100 miles to protect confidential client information and trade secret.

I recently began constructing a business plan to further my career in screen printing, since as a printer I can barely make a living wage these days. Without relocation, I can not go through with my business plan unless I quit and find another job for a year, which feels like a bad idea because I don't have the experience to find a non competing job that makes above the minimum wage. This non compete makes it impossible to practice my trade without suffering the costs of relocating so I essentially feel trapped.

My question is, since my business model is based off of selling only on the internet, if I strictly market outside of my 100 mile radius, and even refuse to sell to customers within the radius, in the event of a suit would I stand a chance? My business plan is pretty solid, and I'm confident that I could succeed so I have been seriously considering ignoring the contract, especially since I have no intention to compete with my current employer for clients, and I have not learned any trade secrets from them since I came to the job with all the experience needed. In fact, I brought information to increased productivity in the work place.

I have done a lot of research on the contract in the state of virginia, but can not find any info on this particular work around.
Thank you for your time.

 

[LdiJ]

What is the name of your state (only U.S. law)? VIRGINIA

Hello,
I have been working as a screen printer for almost 10 years, pretty much since I finished high school. My current employer made me sign a non compete when I began employment two years ago which was a first. It says that I can not work for a competing business for one year after termination within 100 miles to protect confidential client information and trade secret.

I recently began constructing a business plan to further my career in screen printing, since as a printer I can barely make a living wage these days. Without relocation, I can not go through with my business plan unless I quit and find another job for a year, which feels like a bad idea because I don't have the experience to find a non competing job that makes above the minimum wage. This non compete makes it impossible to practice my trade without suffering the costs of relocating so I essentially feel trapped.

My question is, since my business model is based off of selling only on the internet, if I strictly market outside of my 100 mile radius, and even refuse to sell to customers within the radius, in the event of a suit would I stand a chance? My business plan is pretty solid, and I'm confident that I could succeed so I have been seriously considering ignoring the contract, especially since I have no intention to compete with my current employer for clients, and I have not learned any trade secrets from them since I came to the job with all the experience needed. In fact, I brought information to increased productivity in the work place.

I have done a lot of research on the contract in the state of virginia, but can not find any info on this particular work around.
Thank you for your time.

I certainly think that you would be fine if you are not selling to anyone within the 100 mile range for one year.

However, that won't stop him from pitching a fit and trying to sue you if he finds out about it. You may want to avoid your name or anything that identifies you on the website.

 

[quincy]

What is the name of your state (only U.S. law)? VIRGINIA

Hello,
I have been working as a screen printer for almost 10 years, pretty much since I finished high school. My current employer made me sign a non compete when I began employment two years ago which was a first. It says that I can not work for a competing business for one year after termination within 100 miles to protect confidential client information and trade secret.

I recently began constructing a business plan to further my career in screen printing, since as a printer I can barely make a living wage these days. Without relocation, I can not go through with my business plan unless I quit and find another job for a year, which feels like a bad idea because I don't have the experience to find a non competing job that makes above the minimum wage. This non compete makes it impossible to practice my trade without suffering the costs of relocating so I essentially feel trapped.

My question is, since my business model is based off of selling only on the internet, if I strictly market outside of my 100 mile radius, and even refuse to sell to customers within the radius, in the event of a suit would I stand a chance? My business plan is pretty solid, and I'm confident that I could succeed so I have been seriously considering ignoring the contract, especially since I have no intention to compete with my current employer for clients, and I have not learned any trade secrets from them since I came to the job with all the experience needed. In fact, I brought information to increased productivity in the work place.

I have done a lot of research on the contract in the state of virginia, but can not find any info on this particular work around.
Thank you for your time.

Virginia is quite friendly to employees when it comes to non-compete agreements. The Virginia Supreme Court has said that non-compete agreements CAN be enforceable, but an employer must draft the agreement carefully so that the agreement is not overbroad as to time and geographic reach, and only protects an employer's legitimate business interests. The Court said that an agreement that is overly burdensome on an employee's ability to earn a living will not be enforced.

I suggest you have your agreement reviewed by an attorney in your area prior to implementing your business plan, this to best ensure you are not violating the agreement you signed with your former employer. I do not advise that you ignore the non-compete altogether. While you appear to be on relatively safe legal ground, you do not want to start off your new business with a lawsuit.

Good luck.