Competion Clause

[mfritz23]

When I started work for my last employeer supposedly I signed a Competion clause. Basically saying that I will not take work away from my employeer. The company that my company worked for relased us of all work. They wiped their hands cleaned from us and told us that we will never work for them again. Well that put me out of work and I havent been working for about a month. So just like any other person I went and found another job. It just so happens that the job that I will be working for is working for the company that my original employer worked for. Now the owner of my orignal employer is supposedly sueing me for taking work because of the competion clause. Can he really sue me? We have not had any work? And that company released us of all work? So on what grounds does he have to sue us?

 

[theretoo]

if you have a copy of the no-compete clause, i would suggest having an attorney review it

 

[Patricia_Young]

It's just "supposedly" until you actually get a notice of the suit being filed. At that point, get an attorney. Anybody can sue anybody for anything, if one can find an attorney to take the case; the problem is prevailing.

 

[Green_Hornet]

Non compete employment clauses are evaluated for thier enforceability based on the situation that existed between the employee and employer at the time they are signed, the relative bargaining power of the parties, the detriment the employee would suffer if the non compete were enforced, the geographic area they cover, the effect on the ability of the employee to earn a living if they were enforced and the effect enforcement would have on the public (deprivation of the public of theservices of the individual that would be bared from offering thier services).

Some states are more tolerant of non compete employment contracts. Federal courts are required to apply the state laws where they sit.

The best way to find out if non compete agreement you signed is enforceable in the jurisdiction where you reside is to consult a local attorney and have him evaluate your situation. The non compete may not be enforceable if it was signed after the employment began.