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Non-Compete Agreement

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W

wondering

Guest
I work for an Internet Service Provider in southern Idaho. I signed a non-compete agreement when I started. I have my own business which provides computer repair services, which are not in violation of the agreement. I have been approached by customers wanting networking services, which at the time of signing the agreement my employer did not offer, but has offered shortly after. What is the legal position I am in? Am I in violation of the agreement if I offer these services?
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wondering:
I work for an Internet Service Provider in southern Idaho. I signed a non-compete agreement when I started. I have my own business which provides computer repair services, which are not in violation of the agreement. I have been approached by customers wanting networking services, which at the time of signing the agreement my employer did not offer, but has offered shortly after. What is the legal position I am in? Am I in violation of the agreement if I offer these services?<HR></BLOCKQUOTE>

My response:

No. You and your employer are bound by the terms and conditions as they existed at the time of signing. If he wishes to enter into a "novation" with you, then he'll have to come up with some "consideration" for your signature on a new, revised, contract. For example, let's say that you also operate and own a family grocery store, besides working for your ISP. Four months after you sign the agreement, your ISP decides to open a grocery store too. Does that mean you and your family give up the grocery business? I don't think so. Of course, that's on the extreme side, but you catch my drift.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
W

wondering

Guest
Thanks for the reply. One last question. If an employee bound by a non-compete agreement is terminated (the employee not quiting) is the non-compete still in effect?
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wondering:
Thanks for the reply. One last question. If an employee bound by a non-compete agreement is terminated (the employee not quiting) is the non-compete still in effect?<HR></BLOCKQUOTE>

My response:

Depends on the terms of the agreement. Is the contract "silent" on the issue? If so, then you are free to work in any profession you choose. Courts really frown upon noncompete clauses and will do almost anything to nullify them. Why? Because it inhibits competition, and the Constitutional right to work; i.e., they cannot be overly restrictive. However, a properly worded clause can be upheld.

IAAL


------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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