Answers Posted By j kl

Answer to Is The Non-Compete I Signed Enforceable?

I cannot answer your question without seeing the agreement. The fact that it apparently states that New York laws apply may or may not be enforceable in Georgia courts. It probably would be enforceable in New York courts. In most cases, Georgia courts would apply Georgia laws. However, if the contract has what is called an exclusive jurisdiction clause (where suit can only be brought in New York, in your case), a Georgia court might refuse to hear the case. Then it would need to be decided in New York, where it is likely that New York laws would apply. This is just the general situation, and a lawyer could only tell you for sure if s/he reviews the actual contract.

As to your other question as to whether it could be enforceable if it restricts your right to make a living, I am afraid that will have little, if any, impact on enforceability.

The foregoing is general information only, not specific legal advice. No legal advice can be given in this situation without a review of the contract itself. No attorney/client relationship has been created or should be implied by anything contained herein.

posted Oct 13, 2009 2:31 PM [EST]

Answer to Jurisdiction in a non-compete

Noncompete

If the agreement is clear that the employer must give you a month's notice for the noncompete to be enforceable, it should not be an issue in Georgia or Ohio.

However, if it is less than crystal clear, you may be forced to look at whether the agreement could be enforced in Ohio or only Georgia. You are correct that Georgia courts take a harsh view of noncompetes and only enforce them if they are carefully drafted and that Ohio is much more employer-friendly.

To determine which law applies, there are a few issues. The first is whether or not there is an "exclusive venue provision." If the agreement states that any litigation must take place only in Ohio and that personal jurisdiction defenses are waived, you may be faced with an Ohio location for any litigation. If there is no such provision, the company would have to show that Ohio courts should have personal jurisdiction over you in that state (by either showing that you were in Ohio to satisfy some of your obligations under the contract or went there enough, although unrelated to the contract, to be subject to personal jurisdiction up there). There also might be a provision in the agreement that states that jurisdiction is proper, but not exclusive, in Ohio. If that is the case, it literally could be a race to the courthouse, with them trying to get to Ohio courts before you could get to Georgia courts.

There's really no single answer to your question without knowing all of the terms of the agreement. You may want to spend a couple of hundred bucks to get an opinion from an attorney experienced in restrictive covenant law (which would include noncompetes).

As to paying you your earned commissions, they cannot withhold that because you refuse to sign a new noncompete unless they have a policy or a contract showing that they do not owe you this money. Again, that is very general information, not tailored to your specific situation, and the individual facts of every situation are different, so you may want to talk to an attorney about that as well.

The foregoing is general information, not specific legal advice. No attorney/client relationship has been created or should be implied.

posted Apr 25, 2008 08:59 AM [EST]

Answer to Termination while on Sick Leave

Disability leave

There are two primary laws that protect covered employees on disability leave, the Americans with Disabilities Act and the Family and Medical Leave Act. Both have requirements for eligibility for the employer and the employee. For example, under the ADA, the employer must have 15 or more employees to be covered, and your leave must be for a legal disability and the leave must be a reasonable accommodation. Of course, almost every word in the prior sentence has a legal meaning based on the law itself, the regulations regarding the ADA and court decisions. Under the FMLA, a qualified employee (at least 12 months of employment and 1250 hours of work within the prior 12 months) may have up to 12 weeks of leave in a year for a qualifying medical condition, if the employer is covered (at least 50 employes within a 75 mile radius of where you worked). Either, both, or neither of these statutes may provide you a legal claim. Also, check your company's policies and handbooks to see if leave is covered and what is required.

posted Dec 26, 2007 10:09 AM [EST]

Answer to if there was a noncompete in the begining and the original company i was hired under was altered

Leaving business to start a competing company

I hate to say it, but it depends. From what you have described, it does not appear that you have a valid noncompete barring your starting your own business, but that may not be true if the new company bought the old company and there was some assignability clause in a noncompete you might have signed with the old company. Even if there is no noncompete, it is possible that your former employer believes that you used trade secret information to get his old clients, for which he could have an action against you. Again, this is all speculative, so there's not much you can do other than present all of this to a lawyer to review or wait to see if you old employer takes any action. I hope this information was at least moderately helpful.

posted Dec 20, 2007 08:54 AM [EST]