No-Compete Contract

[jasonflippin]

What is the name of your state?I was recently terminated from an IT outsourcing company in Nebraska. I have a better relationship with the companies clients then they will ever think to have. All it would take from me is a phone call to these companies to pick up their business for myself. Now with that said I have signed a no-compete contract. Here is what is stated in the contract:

NON-COMPETITION
Employee agrees that it is reasonable to protect Employer against solicitation activities by the Employee for a limited period of time after Employee leaves Employer in order that Employer may maintain, renew or restore its business relationship with certain customers. Therefore, upon termination of this Agreement, Employee shall not, for a period of 12 months from the date of termination, directly or indirectly as an Employee, agent, owner, indenpendent contractor, lender, financier, stockholder, consultant, partner, officer, director, or otherwise, enter into, or take part in, any business endeavor, directly or indirectly work for, or solicit, or accept business from, clients or accounts of Employer with whom Employee did busness and had contact during Employee's employment with Employer("Clients or Accounts"), nor shall Employee directly or indirectly, own, manage, operate, control, participate in, hold shares in, or be connected in any business of said Clients or Accounts for said 12 month time period. Employee hereby consents and agrees that this provision will survive the termination of this Agreement.

The Company has been informed that the Employee is not bound by any enforceable, non-competition restrictions from a pervious employer. If another entity attempts to enforce a non-competition agreement or other restrictive covenants against the Employee, the Company shall not be liable for or responsible for defending alleged violations of any such agreement.


I have checked with several lawyers over the phone and sent emails to various lawyers in my town regarding this no compete contract and I have been told by every single lawyer that this contract will not hold up in court. I just want to make sure I have my bases covered before I go and get sued. Thanks in advance for everyone that takes the time to read this.

 

[cbg]

If every lawyer you have talked with agrees that it will not stand up, what is it that you think strangers on the internet can tell you that will make any difference?

 

[jasonflippin]

I just have a feeling the the lawyers I talked to may not have looked into it as thorough as they could have. Really I just want to be safe, any additional research I can do I will do. If you have any insight it would be helpful. Thanks.

 

[jasonflippin]

Anyone have any idea on this contract? Sorry to bother.

 

[cbg]

I see no reason to second guess the lawyers you have spoken to; nor do I understand why you don't trust the lawyers you have consulted but you're willing to trust the answer you get here.

 

[rhh]

why inquire from strangers? to me they have nothing to gain from being brutally honest! this may seem pretty jaded....but, we live in an era of political correctness and greed.....who's opinion would you trust.....someone who wants your business or a dissinterested party? i'll take the stranger every time.....

 

[cbg]

And how do you know whether or not these strangers have any knowledge of or ability to judge the law? Not everyone who posts here is an attorney or knows the law regarding non-competes.

 

[rhh]

hey cbg....he is simply asking for an opinion...do you agree..yes or no? pretty simple.....i don't think you have to have a legal education to give an opinion on all matters. as a matter of fact...i'd rather have feedback from someone who has gone through litigation or a "real life" experience of a given scenario. that would be of value to me.

hell...i wish a no - comepete contract would be ruled illegal.. period. they are only in the best interst of the current and/or x-company. they preclude individuals to be paid "fair" money while employeed, then once terminated they can be forced out of the industry for a stipulated amount of time.

let's start a grassroot effort.....

 

[BelizeBreeze]

hey cbg....he is simply asking for an opinion...do you agree..yes or no?

Then why don't you ask him to hold the contract up to the monitor so we can all read it and give him an informed, valid response?

pretty simple.....

If it was so simply I would think you would have answered his question by now.

i don't think you have to have a legal education to give an opinion on all matters. as a matter of fact...i'd rather have feedback from someone who has gone through litigation or a "real life" experience of a given scenario. that would be of value to me.

Fine. Wait for some of the forum trolls who make a living beating the system, or better still, some of the criminals who come here looking for adice on how to beat yet another charge.

hell...i wish a no - comepete contract would be ruled illegal.. period. they are only in the best interst of the current and/or x-company. they preclude individuals to be paid "fair" money while employeed, then once terminated they can be forced out of the industry for a stipulated amount of time.

And with this one statement you have provided this forum with a strong foundation to prove your ignorance.

 

[rhh]

so....

from a "real life" perspective.....no-competes assist in controling company cost. that's a fact. if there were a law against such practice then employers would have to pay employees their true worth, otherwise...they may/would leave the company and take the business with them! hey, maybe with that risk hanging over the employer's head, their would be a more civil attitude toward employees.
i read some of the posts of supervisor's actions.....they are incredible! yes, i realize the posts are probably about 50% fabricated....

so, where is the value of the no compete for the employee? hey, bb you seem to think they are of value.......educate me.

thanks in advance...

 

[BelizeBreeze]

so....

from a "real life" perspective.....no-competes assist in controling company cost. that's a fact. if there were a law against such practice then employers would have to pay employees their true worth, otherwise...they may/would leave the company and take the business with them! hey, maybe with that risk hanging over the employer's head, their would be a more civil attitude toward employees.
i read some of the posts of supervisor's actions.....they are incredible! yes, i realize the posts are probably about 50% fabricated....

so, where is the value of the no compete for the employee? hey, bb you seem to think they are of value.......educate me.

thanks in advance...

No thanks. I don't do free education seminars. That's for your professor who gets paid to listen.

 

[rhh]

hey bb... why a not an informative response? look at the number of folks who hit the "no compete" posts. i think they are looking for info.... my real life opinion...is beware! if you can avoid...never sign...never! as i mentioned in an earleir post...they only serve the employer.

 

[ZippidyDoDa]

Check out this link www.jobsearchtech.about.com/od/laborlaws/l/aa042202_2.htm

 

[jasonflippin]

Thanks Rhh and Zippidydoda. Rhh I apologize for getting you in a flame war! You were correct, I was just looking for any possible additional information that I might have been missing. Thanks again everyone!