breaking a non-compete

I am a resident in Kansas but worked for an employer in Arizona. I was terminated Dec. 2003 for downsizing/financial reasons. I was forced to sign a proprietary rights and non-compete agreement 19 months AFTER I began employment, with NO benefit, compensation or promotion. I have been in this industry for 19 years( all my career life) and feel that the company will try to enforce the non-compete aspect of the document signed if I work for a competitor, so far this is the only lead on a job that I have after 3 months of searching. The potential new employer is aware of this because I provided them a copy. The agreement covers all of the US and all of Europe, and Asia. These are the primary areas inwhich my industry works. The time period is for 15 months. I will be forced to go into bancruptcy if this is enforced. Do I have grounds for this to be found unenforceable? Thank you for this service, I have found it to be very useful.

1 answer  |  asked Feb 29, 2004 10:49 AM [EST]  |  applies to Kansas

Answers (1)

Albert Kuhl
Response to your question

It is possible a Court might decline to enforce your noncompete agreement. It is not grounds to decline enforcement that you were required to sign the agreement without consideration. However, the scope of the noncompete must be deemed 'reasonable.' The scope of your agreement appears to be potentially overbroad and thus subject to potential revision/rejection by a Court, should your former employer seek to enforce the same against you. Also... the noncompete might further be held unenforceable if you were materially mistreated at or before the time of your termination. Please contact my office if you would like to confer further about this matter.
Regards,
Albert Kuhl
913-438-2760
Lenexa, KS

posted by Albert Kuhl  |  Feb 29, 2004 1:23 PM [EST]

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