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    tvaldez's Avatar
    tvaldez Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Feb 11, 2009, 07:03 PM
    Business Owner Confused
    How can I open my own company without having anybody know I am the owner due to my non-compete. Is it best to be a sell my services as a self employed recruiter?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Feb 11, 2009, 07:46 PM

    I don't think anyone is going to tell you how violate a written contract, which is what your non-compete agreement is. You are asking for assistance in an illegal venture.

    If you want out of the non-compete, then retain an Attorney and do it the legal way.

    If it says you can't compete, then you can't compete.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Feb 11, 2009, 08:19 PM

    If you have a non compete agreement, depending on its wording, you can not work for another company annd/or start your own business.

    So there is no way to "get around it" you could try and sue in court to have it ruled invalid. Some areas will not uphold them.

    But there is no "wording" of how you own the business that will make it not a violation.
    Stringer's Avatar
    Stringer Posts: 3,733, Reputation: 770
    Business Expert
    		  
    #4

    Feb 15, 2009, 02:59 PM
    Quote Originally Posted by JudyKayTee View Post
    I don't think anyone is going to tell you how violate a written contract, which is what your non-compete agreement is. You are asking for assistance in an illegal venture.

    If you want out of the non-compete, then retain an Attorney and do it the legal way.

    If it says you can't compete, then you can't compete.
    Sorry Judy, I had to 'spread the love,'
    Couldn't rate...

    In my experience, I am not saying this is fact in all cases. Non-compete contracts are primarily used to keep ex-employees from calling on the customers of their past company and taking the business away due to any influence that the ex-employee may have had. Also to keep them from divulging any client secrets.

    It never pays to 'bad mouth' any past employer, they can sue and the prospect will see this as unprofessional... always.

    If you are trained in a particular business and have honed your skills to perform at a high level in that field you have a right to make a living in that market doing the same thing. But you should not have contact or call on any existing previous customers, until any stated time factor has expired.

    Now, will the old company protest and sue... possibly.

    Judys' advice is solid, go see an attorney and explain everything to him/her, give him a copy of the agreement and get advice from an expert.

    Stringer
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