May Ienter a partnership with a customer I previously serviced under my active non-compete agrmt?

I have a non-compete with a company based in Arkansas. I now work for their competitor, which is in Tennessee where I live. I have an opportunity to invest into a business that I serviced under the previous employer while still being currenlty employed. This business is currenlty doing business with my previous company and my current employer but by a different person due to my non-compete. Does being a potential partner in the business conflict with my non-compete?

1 answer  |  asked Mar 2, 2010 5:13 PM [EST]  |  applies to Tennessee

Answers (1)

Alan Crone
It really depends on the exact language of your non-compete. Generally, to enforce a true non-compete your former employer must have a compelling business interest to protect. Each case is different, but in general it must prove that you have an unfair competitive advantage because of your prior association with the former employer. If your participation with the new company does not impact that company's business with the former employer as a practical matter, the former employer might like having an alumni working for a customer.

posted by Alan Crone  |  Mar 3, 2010 08:20 AM [EST]

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