Non compete clause

[archman]

Is this Non Compete Enforcable?

A professional employer (Architectural/Engineering) in Wisconsin is asking me to sign a non compete clause. I understand the need for a non compete clause. In concept I have no problem signing one and I have signed some in the past.

What bothers me about this clause is that it prohibits my participation in my profession (architecture) for a period of two years in the entire state with the exception of a few counties. These counties are approximately 90 miles away from my home. In other words if I quit or if I am terminated (with or without cuase) I would have to either quit architecture or move!

Is this reasonable and is it enforceable? Should I refuse to sign such a restrictive document?

Archman

 

[loku]

Non-compete clause

If the company does business throughout the entire state, except for the few counties not covered in the agreement, then it could very well be a reasonable and valid agreement, and therefore, enforceable. However, the length of time and the geographic extent of the contract do seem to put it in the gray area. Therefore, there is a good chance that a court would enforce the agreement. In those circumstances, it might be best to refuse to sign the document.

 

[lawrat]

Good answer loku but here is some more information to fill the gray areas:

http://www.nolo.com/encyclopedia/articles/emp/noncompetes.html

http://www.nolo.com/auntie/question_328.html

http://www.emergit.com/html/content_cur/profiles/290800_clauses.html

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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.