Selective enforcement of non-compete
I am a consultant who left my former employer 8 months ago and began working directly for my client. While at first encouraging, my former employer later learned that my 'opportunity' was for contract work and not as an employee. Can they now enforce my prior employmment non-compete after already agreeing to let me leave and do work for the client? In addition they have let other consultants leave to work for clients (as employees).
1 answer | asked Mar 2, 2004 09:34 AM [EST] | applies to Illinois
Answers (1)
Selective enforcement of non-compete
There are several things at work: 1) Are you in fact violating the non-compete? 2) Is the non-compete enforceable? 3) Have they waived the right to enfore the non-compete? 4) Why are they treating you differently than others? 5) What steps have they actually taken to enforce it? Generally speaking, non-competes have to be drwn very narrowly and are often unenforceable because they are overbroad. In order to really answer you question, an attorney needs to get more information about what you did for the employer, what you are doing, and review the non-compete agreement. Who the other people are that are being treated differently is also relevant. You should contact our offices or one of the other fine employment attorneys on this site and schedule a consultation.
Aaron Maduff
posted by Aaron Maduff | Mar 3, 2004 10:04 AM [EST]
There are several things at work: 1) Are you in fact violating the non-compete? 2) Is the non-compete enforceable? 3) Have they waived the right to enfore the non-compete? 4) Why are they treating you differently than others? 5) What steps have they actually taken to enforce it? Generally speaking, non-competes have to be drwn very narrowly and are often unenforceable because they are overbroad. In order to really answer you question, an attorney needs to get more information about what you did for the employer, what you are doing, and review the non-compete agreement. Who the other people are that are being treated differently is also relevant. You should contact our offices or one of the other fine employment attorneys on this site and schedule a consultation.
Aaron Maduff
posted by Aaron Maduff | Mar 3, 2004 10:04 AM [EST]
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