My company rights
2 employees left our business to go on to competitor in our no compete states no work for 1 year and a 25 mile rad. we feel company is poaching are people. I had an attorney send letters to employees and place of business with no response. I feel my lawyer is dragging his feet and understand we do not want expensive cost. Also in agreement is legal and court fees. How valid is this?
1 answer | asked Mar 11, 2014 06:52 AM [EST] | applies to Massachusetts
Answers (1)
Non-compete cases turn on state law, so you need to consult with a Massachusetts lawyer for a proper answer.
By way of general information, if you were in Ohio and Ohio law applied, then a court would probably find a 1 year, 25 mile non-compete to be reasonable, unless your business was much more local than that.
Once the employees and competitor ignore a cease and desist letter from your attorney, the next step is usually to file suit and ask the court for a temporary restraining order, which will last for a couple of weeks, and then a preliminary injunction, to stop the violations of the non-compete. That usually involves $5K to $10K in legal fees, though.
If you decide to go to court to enforce your non-compete, I recommend that you find an attorney who has been in court on them before. Again, that would need to be an attorney licensed in MA.
posted by Neil Klingshirn | Mar 11, 2014 09:01 AM [EST]
By way of general information, if you were in Ohio and Ohio law applied, then a court would probably find a 1 year, 25 mile non-compete to be reasonable, unless your business was much more local than that.
Once the employees and competitor ignore a cease and desist letter from your attorney, the next step is usually to file suit and ask the court for a temporary restraining order, which will last for a couple of weeks, and then a preliminary injunction, to stop the violations of the non-compete. That usually involves $5K to $10K in legal fees, though.
If you decide to go to court to enforce your non-compete, I recommend that you find an attorney who has been in court on them before. Again, that would need to be an attorney licensed in MA.
posted by Neil Klingshirn | Mar 11, 2014 09:01 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers
Contact Neil Klingshirn
Neil Klingshirn
AV rated Super Lawyer and Employment Law Specialist
Independence, OH
Phone: 216-382-2500