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    jlhotka's Avatar
    jlhotka Posts: 3, Reputation: 1
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    #1

    Nov 9, 2008, 05:01 PM
    No compete clause
    I recently lost my job. I would say, I was fired. They never really came out and said it. I have been with the company for almost 8 years. I did sign a no compete agreement. I live in a "Right to work state". Will this clause hold up? All I want to do is work and earn a living. The area I came from has opportunities, can they keep from from doing a job I have experience in?
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #2

    Nov 9, 2008, 05:04 PM

    It depends on what you signed.

    I would think that as long as you don't sell anything in the same product line, you should be OK.
    jlhotka's Avatar
    jlhotka Posts: 3, Reputation: 1
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    #3

    Nov 9, 2008, 05:21 PM
    No compete
    My former employer sells product "A". My new employer sells products "A", "B", and "C". Former employer is sueing the new employer over issues with product "A". I need to work, and this is the best way to keep afloat. Is there an issue working with this new employer. I have received a email from the former employer saying that if I associate with this company, I am violating my non compete.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 9, 2008, 06:01 PM

    You signed the contract, you can not go to work for a company that sells the same type of product withi a certain time you agreed to.

    If you only sold product C ( and if that is not related to A) you may have some maybe. But you are taking your knowledge of customers, pricing and more to the new company, they would have a good lawsuit against you.
    Stringer's Avatar
    Stringer Posts: 3,733, Reputation: 770
    Business Expert
    		  
    #5

    Nov 9, 2008, 08:49 PM

    Hi Chuck,

    I am not sure that, that applies across the board. In Illinois, I know that there have been State rulings stating: (And this is not verbatim... ) A person has a right to earn a living in the trained profession even though a non-compete has been sighed. Even if that person goes to work for a competitor selling/manufacturing or producing the same or like product.

    Now, there are problems if that person goes to his/her old company's clients within the term of the non-compete contract period. He/she can then be sued and will probably lose.

    But if they go to work for a new company that does the same thing and do not go after their old company's customers they should be fine.

    Obviously I would check with a lawyer to find out about your state laws, I am not an attorney.

    Stringer
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