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    BAWATSON's Avatar
    BAWATSON Posts: 4, Reputation: 1
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    #1

    May 25, 2010, 02:30 PM
    Employee NonCompete agreement
    I signed a non compete in 2004 in Alberta. I quit and became a rep for the same company from 2007-2010. How long is the non compete in place for legally?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    May 25, 2010, 02:32 PM

    What does the Agreement say? I've never seen one that is open ended. They always have an end date such as, "Three years after you leave the employ of x."

    Non competes are being ruled unenforceable in the US - at least in NY.
    BAWATSON's Avatar
    BAWATSON Posts: 4, Reputation: 1
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    #3

    May 25, 2010, 02:36 PM

    Thanks for the US insight. This is in Alberta, Canada and is left open ended. This is the exact phrase: "A. The Employee covenants that he/she will not at any time, during his/her employment or after termination thereof, divulge to any person, firm or corporation any information received by him/her during the course of his/her employment with regard to the financial, business, corporate or any other affairs of Norseman, including any information relating to any or all of Norseman's customers and accounts, and all such information shall be kept confidential and shall not in any manner be revealed to anyone."
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 25, 2010, 05:21 PM
    Quote Originally Posted by BAWATSON View Post
    Thanks for the US insight. This is in Alberta, Canada and is left open ended. This is the exact phrase: "A. The Employee covenants that he/she will not at any time, during his/her employment or after termination thereof, divulge to any person, firm or corporation any information received by him/her during the course of his/her employment with regard to the financial, business, corporate or any other affairs of Norseman, including any information relating to any or all of Norseman's customers and accounts, and all such information shall be kept confidential and shall not in any manner be revealed to anyone."
    This is not a non-competition clause. It pertains to confidentiality of proprietary information.

    Do you have a problem with this clause, or did you quote the wrong one?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 25, 2010, 07:29 PM

    Yes, nothing in that clause can stop you from going to work for a competitor firm. You just can't give them confidential info
    BAWATSON's Avatar
    BAWATSON Posts: 4, Reputation: 1
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    #6

    May 26, 2010, 10:10 AM
    Quote Originally Posted by AK lawyer View Post
    This is not a non-competition clause. it pertains to confidentiality of proprietary information.

    Do you have a problem with this clause, or did you quote the wrong one?
    Yes, I am looking to enter back into the same field. I would use some of the same and some existing materials. I would also be going after their customers.
    BAWATSON's Avatar
    BAWATSON Posts: 4, Reputation: 1
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    #7

    May 26, 2010, 10:11 AM
    Quote Originally Posted by Fr_Chuck View Post
    yes, nothing in that clause can stop you from going to work for a competitor firm. You just can't give them confidential info
    That is a problem, I want to attack the existing market which will involved their customer base with new product lines.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    May 26, 2010, 10:21 AM

    Hello B:

    The agreement you signed is very specific. It's also pretty clear. I'd read it again, and then again, and then again if you didn't understand it yet.

    What you say you're going to do, does NOT violate your agreement. You CAN use the SAME material. You CAN attack their existing market. You CAN go after their customers. What you CAN'T do doesn't, in any way, interfere with what you PLAN on doing.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    May 27, 2010, 06:22 AM
    Quote Originally Posted by AK lawyer View Post
    This is not a non-competition clause. it pertains to confidentiality of proprietary information.

    Do you have a problem with this clause, or did you quote the wrong one?


    Out of greenies but you beat me to it - I read and read and couldn't see any non-compete info.

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