employment agreemnt
My company is based in Dallas, Texas I am based in Ohio. They were purchased on Nov 12 by another company with an HQ in California but is a VA corporation. They have asked me to sign a non-compete. They have offered no additional consideration for signing. I do sell for them and habe a limited territory but in the past have worked the entire country. This is what it states:
5. During my employment and for a one year period immediately following, I will not participate within the United States, directly or indirectly, for myself or any other party, in any activity in competition with Company without Company’s written consent, which shall not be unreasonably withheld. “Activity in competition with Company” means (a) developing, creating, marketing, or selling application programs for microcomputers that compete with current or proposed products sold or licensed by Company, or providing any services that compete with current or proposed services provided by Company, (b) recruiting, soliciting, or influencing any employee(s) or contractor(s) of Company to terminate their relationship with Company, or (c) soliciting or accepting any business from any person or entity that, at any time during the twelve months prior to termination of my employment with Company, was a customer or reseller of Company, in order to take advantage of a business opportunity that could otherwise have been exploited by Company in the normal course of its business.
Your suggestions please
Answers (1)
I suggest that you post this question to California attorneys. I believe that California has a fairly strict non-competition law that discourages non-compets. Given that the headquarters are in California, a Cal. attorney can probably tell you if it applies.
Otherwise, feel free to call for a consultation to work through the specific issues involved in your non-compete under Ohio law.
Best regards,
Neil Klingshirn,
330.665.5445,ext. 2
posted by Neil Klingshirn | Feb 4, 2005 2:25 PM [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