What is the name of your state? Virginia
I am looking to make a career move. My boss indicated that my territory may be dissolved, since it is new and the company may change focus to more stablished regions. I work for a company that provides a medical service. I signed a non-compete agreement that states the following.
summary points
The employee will not, directly or indirectly, in any manner or capacity, as en employee, advisor, partner, officer, director, shareholder, associate, member of any association, joint venturer, investor, sole proprietor, or in any capacity whatsoever .....
1) engage in competition with Company X a) while the employee is employed by Company X or b) 1 year period following termination of such employment for any reason: and
2) during the 1 year period following termination of such emplyment for any reason solicit business form or sell any product or service to any customer or prospective customer, if such service or product is in competition of any product, service, or business of company X.
My question is the "prospective customer" stipulation. I am in sales, and am looking to work for a company that provides a product in my territory. Company X, has this product in a geography outside my territory. They do not currently offer this product in my territory, and have no existing accounts. I am worried that after I leave, they decide to offer this product in my territory, then come after me. The word "prospective" means any thing. I know there was a recent ruling about non-competes in VA that are too broad. Could this be a problem?
It also states that the agreement will be construed under and in accordance with a state where the headquarters is, not my state?
Thank you.
I am looking to make a career move. My boss indicated that my territory may be dissolved, since it is new and the company may change focus to more stablished regions. I work for a company that provides a medical service. I signed a non-compete agreement that states the following.
summary points
The employee will not, directly or indirectly, in any manner or capacity, as en employee, advisor, partner, officer, director, shareholder, associate, member of any association, joint venturer, investor, sole proprietor, or in any capacity whatsoever .....
1) engage in competition with Company X a) while the employee is employed by Company X or b) 1 year period following termination of such employment for any reason: and
2) during the 1 year period following termination of such emplyment for any reason solicit business form or sell any product or service to any customer or prospective customer, if such service or product is in competition of any product, service, or business of company X.
My question is the "prospective customer" stipulation. I am in sales, and am looking to work for a company that provides a product in my territory. Company X, has this product in a geography outside my territory. They do not currently offer this product in my territory, and have no existing accounts. I am worried that after I leave, they decide to offer this product in my territory, then come after me. The word "prospective" means any thing. I know there was a recent ruling about non-competes in VA that are too broad. Could this be a problem?
It also states that the agreement will be construed under and in accordance with a state where the headquarters is, not my state?
Thank you.
