R
resellercenter
Guest
What is the name of your state? Florida
We (myself and 2 others) have started a web hosting company and our former employer who does the same thing is now threatening law suit. Only one of the partners had a non-compete agreement that basicly he had to sign after 3 years of employment 2 days before leaving or it was common knowledge that he would not recieve his final paychecks, and as someone who lives "hand to mouth" he was kinda between a "rock and a hard place".
I have done some searching into this matter and it seems that with regards to geographic location the whole world, because it is web-hosting makes me wonder.
This is the only industry he has worked in for the past 8 years at 3 different employers, other that a small stint as a teenager at a fast food restaurant.
Note: we have not solicited any of his customers or devulged any confidential data.
Note: he was a "sub-contractor" NOT and actual employee.
Attached please find the wording of this document and maybe throw some ideas my way would be greatly appreciated.
The undersigned employee (the employee) of xxx.inc. hereby promises the Employer.
1. To keep the Employer's business secrets, including but not limited to customer, supplier, logistics, financial, research and development information, confidential and not to disclose the Employer's businness secrets to any third party during and after the term of the employee's employment, except with the written permission of an officer of the employer.
2. That, on termination of the employee's employment with the employer for any reason, the Employee will not operate a web hosting business or in any way assist any other person to operate such a business in the state of Florida for 5 years from the date of termination of the employee's employment. This clause will not be enforced unless agreement numbers 1 and 3 are broken.
3. That, on termination of the employee's employment with the employer for any reason, the employee will not solicit any customer of the employer that was a customer of the employer during the course of the employee's emplyment with the employer, whether or not still a customer of the employer and whether or not knowledge of the customer is considered confidential information, or in any way aid and assist any other person to solicit any such customer for 5 years from date of the termination of the employee's employment.
If any part of these promises is void for any reason, the undersined accepts that it may be severed without affecting the validity or enforseability of the balance of the promises.
Signed:xxx
We (myself and 2 others) have started a web hosting company and our former employer who does the same thing is now threatening law suit. Only one of the partners had a non-compete agreement that basicly he had to sign after 3 years of employment 2 days before leaving or it was common knowledge that he would not recieve his final paychecks, and as someone who lives "hand to mouth" he was kinda between a "rock and a hard place".
I have done some searching into this matter and it seems that with regards to geographic location the whole world, because it is web-hosting makes me wonder.
This is the only industry he has worked in for the past 8 years at 3 different employers, other that a small stint as a teenager at a fast food restaurant.
Note: we have not solicited any of his customers or devulged any confidential data.
Note: he was a "sub-contractor" NOT and actual employee.
Attached please find the wording of this document and maybe throw some ideas my way would be greatly appreciated.
The undersigned employee (the employee) of xxx.inc. hereby promises the Employer.
1. To keep the Employer's business secrets, including but not limited to customer, supplier, logistics, financial, research and development information, confidential and not to disclose the Employer's businness secrets to any third party during and after the term of the employee's employment, except with the written permission of an officer of the employer.
2. That, on termination of the employee's employment with the employer for any reason, the Employee will not operate a web hosting business or in any way assist any other person to operate such a business in the state of Florida for 5 years from the date of termination of the employee's employment. This clause will not be enforced unless agreement numbers 1 and 3 are broken.
3. That, on termination of the employee's employment with the employer for any reason, the employee will not solicit any customer of the employer that was a customer of the employer during the course of the employee's emplyment with the employer, whether or not still a customer of the employer and whether or not knowledge of the customer is considered confidential information, or in any way aid and assist any other person to solicit any such customer for 5 years from date of the termination of the employee's employment.
If any part of these promises is void for any reason, the undersined accepts that it may be severed without affecting the validity or enforseability of the balance of the promises.
Signed:xxx