Non-Compete Agreements

[Saturn0088]

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


I have a complicated question regarding non-compete agreements. I understand that non-competes are not legal in California. So here's my situation:

About 6 months ago I accepted a job for an employer who is based in Chicago, but to do work for their Client who is in California. I relocated to California and worked for them on-site for 4 months. 2 months ago, I relocated back to my home state of Ohio, where I'm continuing to work for this California client through my Chicago-based employer, but I'm working from home in Ohio.

My question is - if I were solicit business from companies who are NOT currently customers of my Chicago-based employer (meaning customers in any state, but no one who is contracted with them) do I have anything to worry about? The business I'd be doing is similar in nature to what my employer does, but again, it's not taking current business from them and I'm not using any employer secrets or private information to start up my own side business.

I know this is kind of a crazy situation, but I'm hoping someone has answers. Since I'm not soliciting my employers' current business away, I don't see why this would really be a problem. I've read through my own research that if anything DID happen, it'd be a "race to the courthouse" to decide where this is decided. But the joker's card in the situation is that I'm not a California resident and my EMPLOYER is not in California - their customer is. Please help anyone!! Thanks.

 

[justalayman]

My question is - if I were solicit business from companies who are NOT currently customers of my Chicago-based employer (meaning customers in any state, but no one who is contracted with them) do I have anything to worry about?

well, since nobody here has access to your contract, it is impossible to say. I suspect it is a bit more restrictive than you suggest though.

Since I'm not soliciting my employers' current business away, I don't see why this would really be a problem.

then apparently you do not understand the purpose of a non-compete contract. It is not just their customers they are concerned about but you utilizing information or training obtained from them to your benefit in competing against them with anybody as the customer.


Oh, and California has no dog in this fight so get that out of your mind.

 

[LdiJ]

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


I have a complicated question regarding non-compete agreements. I understand that non-competes are not legal in California. So here's my situation:

About 6 months ago I accepted a job for an employer who is based in Chicago, but to do work for their Client who is in California. I relocated to California and worked for them on-site for 4 months. 2 months ago, I relocated back to my home state of Ohio, where I'm continuing to work for this California client through my Chicago-based employer, but I'm working from home in Ohio.

My question is - if I were solicit business from companies who are NOT currently customers of my Chicago-based employer (meaning customers in any state, but no one who is contracted with them) do I have anything to worry about? The business I'd be doing is similar in nature to what my employer does, but again, it's not taking current business from them and I'm not using any employer secrets or private information to start up my own side business.

I know this is kind of a crazy situation, but I'm hoping someone has answers. Since I'm not soliciting my employers' current business away, I don't see why this would really be a problem. I've read through my own research that if anything DID happen, it'd be a "race to the courthouse" to decide where this is decided. But the joker's card in the situation is that I'm not a California resident and my EMPLOYER is not in California - their customer is. Please help anyone!! Thanks.

If you really want a solid answer, you are going to have to take your contract to an attorney, who can read the whole thing and give you an answer based on that. However I would pretty much guess that it prohibits you from doing what you want to do, unless the work/industry is substantially different than your employer's and it work that your employer's would not take on.

 

[Betty]

Agree that you need to take the non-compete to an employment or contract attorney for review & advice. The attorney can read the whole agreement & he/she should have an idea of how courts in the area handle non-compete agreements.