Non-Compete Contract

[evagaba]

What is the name of your state? OHIO

I am a computer programmer and I was recently offered another job about 2 miles from where I work for about 40% more than I make now. I cannot refuse the offer.

When I put in my resignation this morning, my boss threatened me with a non-compete that I signed almost 4 years ago. It states I cannot get another programming job within a 50 mile radius for a period of 2 years upon resignation.

I am unclear if they can hold me to this as it is, but there are 2 other major factors that bother me.

1) The company was a private company and recently (within the last 8 months) was purchased by a fortune 500 company. Our name has changed and the contract still states the old company name. Would it still be valid? It states in the contract if it is sold, the contract goes along with the company.

2) Several programmers have left for other area jobs in the past and they did not threaten them with the same non-compete even though they signed it as well. My boss told me it is because he did not care that they left so they did not pursue it. He said he does not want me to leave and would pursue legal action to stop me from going to another area company.

I am unsure what I stand and what I should do. Any advice for anyone would help.

Thanks.

 

[cbg]

We cannot possibly interprete the enforceability of an agreement we have not read. You will need to show it to an attorney in your state to get an answer.

 

[seniorjudge]

Q: The company was a private company and recently (within the last 8 months) was purchased by a fortune 500 company. Our name has changed and the contract still states the old company name. Would it still be valid?

A: It states in the contract if it is sold, the contract goes along with the company.



You have three options:

A. Quit and don't violate the noncompete clause;

2. Quit and violate the noncompete clause and test its validity in court;

iii. Don't quit.

 

[evagaba]

What about the fact that they have let others freely leave without threats of legal action? How can they just pick and choose who they want to sue?

Thanks for your replies.

 

[fairisfair]

What about the fact that they have let others freely leave without threats of legal action? How can they just pick and choose who they want to sue?

Thanks for your replies.

the same way you or I can pick and choose who we want to sue.

 

[GatorLaw]

You could ask your employer if there is anything you could do/pay/give up in order to be released from the non-compete clause.

 

[evagaba]

Thank you.

 

[Gadfly]

You haven't mentioned the consequences of violating your non compete. Is there a buyout clause?