My Husband is in sales for trucking he worked for a company that he had signed a no compete clause, about 10 years ago he has never been compensated for signing this, the original owner died and left the company to his daughter who has never worked a day in her life although she is out fire everybody that does not have a 4 year college degree, and my husband was scared his job would be next, so he decided to start his own business, what can she do or what would happen if she takes him to court for this contract.:

Hello lori:

It's not that simple.

The devil is in the details of the agreement. If the agreement is written such that it effectively prevents your husband from working in his chosen career, it will be held invalid.

If, however, it was written to protect the company from your husband stealing all their accounts, then it probably will be enforceable.

The amount of time he may not compete is the key. A year would be reasonable, in my view. Longer may not. Please understand that a judge may see it a lot differently than I do.

excon

What exactly does that clause state? I have a no compete clause for my job and yet I can quit and start my own business - just do not take my clients with me. Any business I would generate would have to come from people who do not use my current employer's services.

My Husband is in sales for trucking he worked for a company that he had signed a no compete clause, about 10 years ago he has never been compensated for signing this, the original owner died and left the company to his daughter who has never worked a day in her life although she is out fire everybody that does not have a 4 year college degree, and my husband was scared his job would be next, so he decided to start his own business, what can she do or what would happen if she takes him to court for this contract.:


In some States unreasonable non-compete clauses cannot be enforced - it's up to the Court to decide what is unreasonable.

For whatever reason it sticks in my mind that Moore Business Forms was the groundbreaking case - not positive, though.