View Full Version : No compete agreement
grahamd
Mar 8, 2008, 10:33 PM
I am in the process of buying a wholesale company in Illinois
I've been with my current employer for 17 years and still currently employed
I honestly do not remember if I signed such an agreement.
I started working on counter sales and now a sales rep,but they cut my commissions,and gave some of my accounts to another sales rep,not too happy .
Now I'm worried if I buy this company I could get sued ,I'm in the hvac business
N0help4u
Mar 8, 2008, 11:16 PM
I think you sign that when you terminate with the company.
No compete usually have a time of a couple years so if you did sign it it was probably long enough ago that it would not be effective depending on the wording.
The no compete has stuff like you can not start a competitive business within a 30 mile radius
Is the business you are starting one that WOULD be competition to your current employer?
You should start by looking up the laws for your state.
excon
Mar 9, 2008, 05:55 AM
Hello Graham:
Well, you're either going to have to ask them or just go for it. Even if they sued you, many non-compete agreements aren't enforceable in court.
excon
Fr_Chuck
Mar 9, 2008, 07:43 AM
Most companies have you sign a non compete when you start work, or move into certain positions. They include not giving or selling any of their info and not going to work or starting your own company. They have a time frame from the time you leave that company and normally have a amount of miles around that business. So if you are moving 100 miles away, there should be no issue.
If you are moving in down the street and will be calling and trying to steal their customers, yes you can have a serious issue if you signed one.
So you need to ask your HR department to allow you to review your personnel file and see if you have one. Also you may have to ask HR if there is one ( in case they are filed in another area)
Almost every higher dollor sales job I have ever had, had me to sign one.
And many will not hold up in court either, I have seen several go to court, some win, some don't