What is the name of your state (only U.S. law)? Virginia
Hello, and thanks for taking the time to read this!
I was previously employed by a small business that performed on site and in office repairs on computers. The business is in a small town, and most of the work was done in that town. Every so often, there would be appointments in a neighboring town. I was making about $9.00/hr, and making my boss about $500-$900 a day. After working for him for about two years, and receiving no raise or promotion, I quit, as this was not enough money for me to live on, and no incentives to stay. Upon being hired a signed a non compete agreement that read as follows:
Non-Competition
Other than through employment with a bona-fide independent party, or with the express written consent of the Employer, which will not be unreasonably withheld, the Employee will not, during the continuance of this Agreement or within three (3) years after the termination or expiration, as the case may be, of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Employer that the Employee was working during any time in the last year of employment with the Employer.
For a period of three (3) years from the date of termination or expiration, as the case may be, of the Employee's employment with the Employer, the Employee will not divert or attempt to divert from the Employer any business the Employer had enjoyed, solicited, or attempted to solicit, from its customers, prior to termination or expiration, as the case may be, of the Employee's employment with the Employer.
I would like to start a business (a partnership) with another friend (who has not signed that agreement.) There is really no trade secrets with this business (there was a certain set of software that we would use, but i will not be using this software), and my position has already been replaced. I do not wish to take his customers or effect his business. I plan on doing only on site work, with no certain 'main location', but rather the city i live in (where his business is also located) and the near towns. My father and a few friends who were in similar situations said that his agreement is to vague, and unreasonable due to the lengthy duration. I plan on talking to a local lawyer in the near future, but for now, what are your opinions? Any help is greatly appreciated! thanks!
Hello, and thanks for taking the time to read this!
I was previously employed by a small business that performed on site and in office repairs on computers. The business is in a small town, and most of the work was done in that town. Every so often, there would be appointments in a neighboring town. I was making about $9.00/hr, and making my boss about $500-$900 a day. After working for him for about two years, and receiving no raise or promotion, I quit, as this was not enough money for me to live on, and no incentives to stay. Upon being hired a signed a non compete agreement that read as follows:
Non-Competition
Other than through employment with a bona-fide independent party, or with the express written consent of the Employer, which will not be unreasonably withheld, the Employee will not, during the continuance of this Agreement or within three (3) years after the termination or expiration, as the case may be, of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Employer that the Employee was working during any time in the last year of employment with the Employer.
For a period of three (3) years from the date of termination or expiration, as the case may be, of the Employee's employment with the Employer, the Employee will not divert or attempt to divert from the Employer any business the Employer had enjoyed, solicited, or attempted to solicit, from its customers, prior to termination or expiration, as the case may be, of the Employee's employment with the Employer.
I would like to start a business (a partnership) with another friend (who has not signed that agreement.) There is really no trade secrets with this business (there was a certain set of software that we would use, but i will not be using this software), and my position has already been replaced. I do not wish to take his customers or effect his business. I plan on doing only on site work, with no certain 'main location', but rather the city i live in (where his business is also located) and the near towns. My father and a few friends who were in similar situations said that his agreement is to vague, and unreasonable due to the lengthy duration. I plan on talking to a local lawyer in the near future, but for now, what are your opinions? Any help is greatly appreciated! thanks!