<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by PTGARRISON:
In January my former employer had the office accountant tell me that if I don't sign a Commissioned salesperson agreement I would not receive my commission check, so I signed.
On the last page of the agreement there was A no compete statement.
I am starting my own business and I’m contacting former clients for work.
I think the contract was not legal because of the threat all though the threat was not in writing.
[This message has been edited by PTGARRISON (edited April 13, 2000).]<HR></BLOCKQUOTE>
Most noncompete agreements are unenforceable as being unconstitutional. Only in extreme cases are they tolerable under the law. However, you're going to have a bigger problem than a noncompete agreement. You said you are starting your own business and are contacting your former clients, who I presume, by the way you wrote your post, are still the clients of your former employer.
If that is the case, you can be sued for tortious interference with prospective economic advantage, and a whole host of other causes of actions, and the damages flowing therefrom. You cannot actively steal away the clients of your former employer unless they contact you first. You cannot make your business life easier on the "coattails" and the "backbreaking" efforts of your former employer, that may have taken years to cultivate. I'd think three times about your plans, if I were you.
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[This message has been edited by I AM ALWAYS LIABLE (edited April 13, 2000).]