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Non-Compete Clause

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Rooster500

Junior Member
What is the name of your state? Arizona

I'm a newcomer to this forum but learned a great deal from reading the posts. I certainly value your advise on my question.

When I joined my employer in a sales position I signed a "Standard Employment Agreement". I'm now being terminated due to "non-performance" i.e. not meeting unrealistic quota targets.

The non-compete clause reads, "For a period of one year after termination of Employee's employment for any reason, Employee shall not compete with the Company, either directly or indirectly, on Employee's own behalf or in the service of or on behalf of others who compete with the Company, by performing any of the same or substantially similar duties Employee performed for the Company during the last 12 months of Employee's employment, or in the state of Georgia, as otherwise set out in a contemporaneously executed Addendum to this Agreement which is attached hereto and hereby made a part hereof. This covenant not to compete shall apply only to the territory in which the Employee actually performed services for the Company during the last twelve months of Employee's employment with the Company, or in the state of Georgia, to any territory set out in a contemporaneously executed Addendum to this Agreement which is attached hereto and hereby made a part thereof."

I've been offerred a similar position with a competitor selling for them. How enforceable is this clause? Is this definition considered too broad, particularly in light of the fact that they took the action to terminate? Are the courts likely to enforce such terms when it effectively eliminates one's ability to earn a living?
Thank you.
 


BelizeBreeze

Senior Member
Although the clause (and any addendum that you haven't presented) does seem to be overly broad, that is a question of fact for a judge to decide. My gut reaction would be that you would be able to challenge it but not in the time it would take you to accept this new position.
 

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