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Non-compete

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titan90

Guest
I signed a non-compete for my former employer four years into my emplyment with him because he wanted to re-locate me to a new area. I don't know why he didn't have me sign one from the beginning. I've since left them and they did not replace my position for 9 months. Can he protect an area where he has no representation? (the contract has no geographical mention). The contract reads that cannot sale his product line to prior client, but can he have "protection" of that client if it is verified by client that the former employer is no longer their supplier?

What can he do to me in court? What is typical and worst case if a judgement is brought?
 


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FKNA

Guest
Typically no competes will have a time limit upon termination. Everyone I have ever signed has been for one year. Read what you signed to see if a time limit was set.
 
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titan90

Guest
i understand the time limit...that is not my concern...
 
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FKNA

Guest
Without seeing the complete wording of what you have signed, it's hard to say. But based on the info you have given so far, sounds as though you cannot "solicit" his prior clients. Also based on what you have said so far, sounds like your previous boss was a nice guy....didn't have you sign anything until he moved you to virgin territory. Sounds like the type that may let you out of what you have signed if you gave him a buzz....just my 2 cents.

As far as legal specifics to your questions, hopefully one of the many lawyers that post here on a daily basis will jump in.
 
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titan90

Guest
yeah, i agree he is a nice guy...but now it does not make sense that he can protect what is not his...no rep in the territory for so long and no presence in certain accounts...as far as asking to let me out of contract...he's not that nice...he's finally filled my old position...I agree it's reasonable for me to stay out of active accounts of his, but beyond that if he has no presence in the city to manage the accounts, is that not an overbroad contract?

If I call on an account that has requested I do so and that has verified they no longer buy from him, how can I cause him damage? Why should he be allowed to "protect" a territory or account that is not his?
 
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FKNA

Guest
Again, without reading the specific wording I can only generalize. But since he doesn't have a presence there and if you do NOT solicit he previous clients, there shouldn't be any problem.
 

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