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Non-compete clause
I work for a non medical home health care facility here in South Dakota; I have had 30 years of experience in health care and decided to form my own company. In our local newspaper last Sunday I had a small article which promoted the beginning of my business venture to provide non-medical assistance to folks in their homes. It will be about the same as what I am currently doing now with my employer. My employer apparently saw this and is making noise in a round about way through other people that I signed a non-compete clause. I am working a very few hours for my employer while I get my business up and going, but I do have plans to meet with some potential clients next week. I most likely did sign a con-compete clause and am wondering how I should proceed from here.
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I do believe that a non compete clause can carry a time limit, and a geographical area, otherwise they are pretty binding. If you had a copy of the one you signed that would be handy to find out the above. Does your new business differ in any way from what you did for your previous employer? They can't control the whole state, but they can enforce the clause. Tick |
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