Wondering if leaving for a different position in same type business <much smaller scale> is enforceable in a no compete clause

If it will put you into competition with your old firm or if the new firm is in competition with the old firm and you have inside knowledge that will help them compete it could be enforceable.
Even if you do not pass along that inside info.

That is what I thought... the two businesses sell like products... both buying from each other... I learned this position <on current job> but am being offered more money to do what I have a degree in and do not do at this job... one business obviously much smaller than the other but actually are not competitors... they each have their own niche! Thanks for your insight

If you are not in the same position as you had with your present firm sales for example then I do not see any litigation coming against you. I think that your position should now be one of an ethical position and not cross any 'lines' that would put you or your reputation in jeopardy.

I would discuss this with your new company officials and make sure that all matters are precise and clear cut.

IMO no company has the right to prevent you from earning a living in your chosen field of endeavor.

Stringer

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Originally Posted by Stringer

IMO no company has the right to prevent you from earning a living in your chosen field of endeavor.

Stringer

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I have to disagree with that. Non Compete agreements can be legal if they are worded properly. A company has the right to protect their secrets and customer base from employees who leave. Going to work for a direct competitor, whether in the same capacity or not, could violate a non compete clause. There are a number of factors that could make such a clause non-enforceable, but if non of those factors exist, then it could be enforced.