In Oct of 2005 I signed a non-compete agreement with my former employer. I resigned after a 1yr due to major differences and just being unhappy. I sought employment elsewhere and found an opening at a competitor in Dec 2006. During my resignation my former employer was well aware of the fact that I was leaving and going to a competitor and not once did he remind me of the non-compete which he alleged in the lawsuit that he did. To my surprise I was just as unhappy at my new place of employment from 12/18/06-2/9/07 (which on 2/9/07 I resigned from there as well). According to the documents I received the paperwork was filed on 2/15/07 one week after I left from the second job. Is this lawsuit valid? Can I fight it? I do not have a lawyer as yet but I do need to respond to the plaintiff as self-represented so I need help. PLEASE!! :(

Your former employer was under no obligation to remind you that you signed a non-compete agreement.

As long as your state accepts those types of agreements, I believe the former employer has a case.

Sorry.

Hello lady:

There are two parts to his case, 1) did you violate the non-compete? Yes you did. 2) As a result, what damages did he suffer?

If you didn't steal any of his clients then he has no damages, and he'll lose his suit. IF you did steal any of his clients, or even speak to any of them, then you have a bigger problem on your hands.

If you're going to get a lawyer eventually, why not get one now?

excon

Ex, I have to spread it.
Lady, I agree completely with excon. You do need to defend this. The date of the suit does not matter. Timing is not a factor here. It just means that your former employer's attorney didn't get the paperwork filed with the courts until around the time you had quit your current job. They can and will go after you. You need to find an attorney that specializes in contract law. Attempting to defend this yourself is not a wise move if you do not have experience in this.

As an FYI, the good news is, a number of these cases are being dismissed. Aside from what excon has stated here, many courts are not upholding these types of contracts, finding them to be illegal. Your former employer does not have the right to keep you from earning a living. You have specific skills within an industry. Seeking and finding employment at a competitors organization within your industry, is your right. These contracts are typically used to keep former employees from starting their own companies, and stealing clients. These are legitimate concerns, and are actionable. It is very hard for an employer to pursue and win a case against an employee who simply chooses to switch jobs and goes on to work for a competitor. As excon states, if you stole clients, that is another story. In any event, whatever the case may be with you, you need to have a contract lawyer read the non-compete paperwork you signed to give you the proper guidance and help with this. If you do not have a copy of it, he will be able to obtain it from your former employer's attorney.