• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Non Competition Aggreements

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

Johnathan55

Guest
I live and work in Maryland. I was laid off from my job about 6 months ago...

Part of my employment agreement includes the following statement:

In consideration of the compensation.....During the term of my employment and for the period of twelve (12) months thereafter, I agree that I will not,.....With out prior written consent of the Company...be employed by......any business whose products or activities compete, in whole or part, with the activities of the Company....

When i signed this agreement I had no intentions of leaving and would still be there if I had not been laid off.

If I had quit I could understand the inforcment of this agreement but I was laid off. Can the employer force me to not work for full year.
 


Beth3

Senior Member
You really will need to show the entire agreement to an attorney practicing in your State. What constitues a binding non-compete is extremely case law specific and varies by State. It's simply not possible to tell from a sentence or two whether the non-compete applies after a layoff.

By the way, your employer is not forcing you not to work for a year. They are restricting your employment opportunities to companies that don't compete with theirs. Without knowing what you do and what industry you're in, it's impossible to say how seriously that restricts your prospective employment opportunities, if at all.
 
J

Johnathan55

Guest
Reply to Beth

Thanks for your reply:

The information I posted is the exact wording execpt for other rules on stock ownership and the like.

There was not provisions for lay off in the agreement however, i will check with a Maryland attorney.

PS. I work as an Electronics Engineer and the Telecom industry was where my last position was.

Finding another position in Telecom is going to be tough.

Thanks
 

Beth3

Senior Member
Generally speaking, the courts have taken a dim view of an employer restricting an employee's ability to obtain gainful employment. Each State's case law is unique on this but if the terms of your non-compete are such that given your occupation in a specialized industry it effectively bars you from employment, the non-compete may be invalid.

You will of course need to talk to an attorney to find out for sure.

There's nothing that would prevent you from calling your former employer and asking them if they intend to hold you to the terms of the agreement given that you were involuntarily laid-off.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top