Starting a new business - non compete?

[warholsky]

What is the name of your state?Florida

My wife is starting a new business in Florida and I will be working directly for her. The business is similar to my current position. Prior to me terming my contract with xyz I want to make sure I am not limiting my/her business opportunities. xyz in. is based out of Maryland.

My current conditions of employment says, “if this agreement is terminated by either party, he/she will not be employed by any company that xyz has a contract with or has had a contract within the past year, to perform substantially similar activities to those conducted by xyz, for that company, for a period of one year from the date that this agreement is terminated.”

From my understanding I would not be working of any of xyz’s clients, as I will be working for my wife’s company. My wife’s company may or may not do business with xyz’s clients.

 

[seniorjudge]

We can't tell you if you will get sued or not.

 

[warholsky]

Understood, but would they have a case?

 

[fairisfair]

Understood, but would they have a case?

no one can, (or will) answer that without reading the entire contract, including the non compete clause, your best bet is to take the document to a local attorney who specializes in employment law.

 

[warholsky]

Thank you for your reply. The short paragraph i quoted was the only wording that resembles anything about non-compete. The rest of my contract pertains to my salary and benefits. Thanks again.

 

[clueless3]

"Non-compete" contracts sometimes may not hold in court, depending on the exact business that the employee and his/her company are engaging in. For example, IT folks have been KNOWN to jump around, from company to company, oftentimes to COMPETITORS next door!! The employee's KNOWLEDGE is his surviving skill. His employer cannot always take it away from him and say that "Oh no, you cannot work for our competitor using what you know about us, about our technology, and about our clients".

Run your exact scenarion through a knowledgeable lawyer in your particular field to see if your former employer will have a case. The answer may surprise you.