Don't understand non compete I signed
I signed a non compete and I don't understand what some of the categories means such as:
Own, manage, be employed by or otherwise affiliated with, any person, corporation, firm or other business entity, or participate in any business that competes with COMPANY, within 50 miles of any location or locations to which Employee was assigned during Employee's employment.
My question is, if I now work for a company that is 60 miles away, but this company also owns a place that is within 20 miles of COMPANY. Is that okay?
Answers (2)
I am not as optimistic as Bruce. That language describes businesses for whom you cannot "be employed by." It includes "any business that competes with COMPANY within 50 miles" of your former work location. Read literally, I think this describes any business that had a competitive location within 50 miles of where you worked for COMPANY.
Whatever the case, consult an employment lawyer knowledgable about non-competes before you accept the new employment. As Bruce says, courts may not enforce a non-compete if it is broader than necessary to protect the old business, but every case turns on its own, particular facts and circumstances. Also, there are usually more terms in the non-compete that can affect you adversely, and plenty of bad things happen if a court concludes that you violated your non-compete.
posted by Neil Klingshirn | Feb 11, 2012 11:54 AM [EST]
Whatever the case, consult an employment lawyer knowledgable about non-competes before you accept the new employment. As Bruce says, courts may not enforce a non-compete if it is broader than necessary to protect the old business, but every case turns on its own, particular facts and circumstances. Also, there are usually more terms in the non-compete that can affect you adversely, and plenty of bad things happen if a court concludes that you violated your non-compete.
posted by Neil Klingshirn | Feb 11, 2012 11:54 AM [EST]
The short answer is probably not a problem, and anytime an employer makes the rules more extended the easier it is for judges to make the rule work to protect only the legitimate interests of the former employer.
If you are worried about this have an employment lawyer go over the agreement and advise you on what steps if any to take. You can select one near you at www.oelasmart.net/directory.
posted by Bruce Elfvin | Feb 10, 2012 1:25 PM [EST]
If you are worried about this have an employment lawyer go over the agreement and advise you on what steps if any to take. You can select one near you at www.oelasmart.net/directory.
posted by Bruce Elfvin | Feb 10, 2012 1:25 PM [EST]
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