manifestdestiny
Junior Member
Thank you in advance for viewing this.
I was forced to sign a non-compete several months into employment from Company 1 in Ohio. Non-Compete is for all states and for one year (sales is nationwide via any remote location). Obviously, I could not refuse to sign or would be terminated. So I signed, and worked for them for 5+ years. The employment position was sales. Several months ago I left that company (due to Company A never raising employees commission, never giving bonuses, and never offering raises despite making $1m profit + off of me) to work for Company B in a completely different field. After several months, just as I was realizing I was vastly oversold on the earning potential, Company C reached out to me and presented an offer with a ridiculously high commission percentage that I would be crazy to pass up- except for non-compete concerns.
By the way, I am now in Florida and non-compete was signed in Ohio, if it matters. I have 9 months left of it.
Company C and Company A are in the same industry, both sales. The position is virtually the same. However, I would be a 1099 contract employee in Company C. I would NOT go after my previous customers in my new position, there are no trade secrets, and there would be no more competition for my old employer than millions of lottery ticket purchasers are competition for each other- the odds are the same and there is plenty of business to go around. The industry is so vast that "competition" from me (or hundreds of "me's") would be an unrecognizable change for my previous employer.
So, having explained that I was hoping to get clarification on a few questions (non-legally binding of course).
1. If I am a 1099 contract employee working from home, would my new "employer" Company C be subject to legal repercussions if Company A decided to issue a restraining order/cease and desist? Or would it only apply to me directly due to 1099 status?
2. As described above, being back in this sales role is no real competition, threat or damage invoking issue for old company. Would they have a legal leg to stand on if they tried to push the non-compete in court?
3. If worse comes to worse and I have no other recourse, would a move to California (where non-competes are generally voided) dissolve the issue? I know this sounds crazy to some, but I am a single guy and am able to put belongings in storage, literally move to CA for the next year and wait it out. The offered commission percentage is that much of a difference maker.
I really appreciate the help in advance.
Thank you.
I was forced to sign a non-compete several months into employment from Company 1 in Ohio. Non-Compete is for all states and for one year (sales is nationwide via any remote location). Obviously, I could not refuse to sign or would be terminated. So I signed, and worked for them for 5+ years. The employment position was sales. Several months ago I left that company (due to Company A never raising employees commission, never giving bonuses, and never offering raises despite making $1m profit + off of me) to work for Company B in a completely different field. After several months, just as I was realizing I was vastly oversold on the earning potential, Company C reached out to me and presented an offer with a ridiculously high commission percentage that I would be crazy to pass up- except for non-compete concerns.
By the way, I am now in Florida and non-compete was signed in Ohio, if it matters. I have 9 months left of it.
Company C and Company A are in the same industry, both sales. The position is virtually the same. However, I would be a 1099 contract employee in Company C. I would NOT go after my previous customers in my new position, there are no trade secrets, and there would be no more competition for my old employer than millions of lottery ticket purchasers are competition for each other- the odds are the same and there is plenty of business to go around. The industry is so vast that "competition" from me (or hundreds of "me's") would be an unrecognizable change for my previous employer.
So, having explained that I was hoping to get clarification on a few questions (non-legally binding of course).
1. If I am a 1099 contract employee working from home, would my new "employer" Company C be subject to legal repercussions if Company A decided to issue a restraining order/cease and desist? Or would it only apply to me directly due to 1099 status?
2. As described above, being back in this sales role is no real competition, threat or damage invoking issue for old company. Would they have a legal leg to stand on if they tried to push the non-compete in court?
3. If worse comes to worse and I have no other recourse, would a move to California (where non-competes are generally voided) dissolve the issue? I know this sounds crazy to some, but I am a single guy and am able to put belongings in storage, literally move to CA for the next year and wait it out. The offered commission percentage is that much of a difference maker.
I really appreciate the help in advance.
Thank you.