Ask Experts Questions for FREE Help !
Ask
    SRS2157's Avatar
    SRS2157 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Apr 11, 2010, 03:59 PM
    Looking to leave position with no compete clause... same field different position
    Wondering if leaving for a different position in same type business <much smaller scale> is enforceable in a no compete clause
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Apr 11, 2010, 04:15 PM

    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.
    SRS2157's Avatar
    SRS2157 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Apr 11, 2010, 07:03 PM

    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
    Stringer's Avatar
    Stringer Posts: 3,733, Reputation: 770
    Business Expert
    		  
    #4

    Apr 11, 2010, 07:42 PM

    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Apr 12, 2010, 04:09 AM
    Quote Originally Posted by Stringer View Post
    IMO no company has the right to prevent you from earning a living in your chosen field of endeavor.

    Stringer
    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Ceiling fan works in the clockwise position but not in the counterclockwise position [ 1 Answers ]

Our ceiling fan (circa 1998, Gulf STream Model 978A/five blade) has the typical switch on the side of the housing to enable the fan to go clockwise or counterclockwise. Counterclockwise works at all three speeds. Clockwise does not work at all. Gives no indication (motor noise) that there is any...

Blower would not work on AUTO position just ON position [ 9 Answers ]

I have installed new rooftop unit- electrical heating & cooling- few weeks ago. When I run the cooling everything goes fine (blower and composer) but if I run the heating; heat element will fire up but the blower will not work unless I put the fan on ON position not AUTO position, so, please, I...

No compete clause [ 4 Answers ]

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...

No compete Clause [ 3 Answers ]

My Husband is in sales for trucking he worked for a company that he had signed a no compete clause, about 10 years ago he has never been compensated for signing this, the original owner died and left the company to his daughter who has never worked a day in her life although she is out fire...

Non-compete clause [ 2 Answers ]

If a salesman signed a non-compete clause in the industrial industry 6 1/2 years ago and the contract terms have changed without signing a new non-compete clause is it enforceable? He is not privy to "trade secrets".

View more questions Search