Tennessee No-Compete

[pleasehelp2010]

I was fired by my former employer several weeks ago, and I am trying to determine if the so called no compete paragraph which was in the employee handbook is binding. I was made sign the handbook after 5 years of employment and at that time was given no consideration for signing. The no compete states as follows " The employee agrees that for one year after termination or leaving, he/she will not give any information to any person, persons, company, partnership, or corporation about any accounts or business sources of company x. Also the employee agrees that he/she will not sell, solict, or service any accounts or business sources of company x in x county or a fifty mile radius of x county for 1 year". Now the way I read this it does not acutally say that I cannot go to work for another company just that I cannot sell, solict, or service any of the customers of the company I had worked for for a year. Am I reading this correctly?

 

[jharris352]

You are reading that correctly. Generally non-competes do not keep you from going to work with a competing business, you just can't solicit their client list that you had access too.

 

[pleasehelp2010]

Thanks, that is what I thought just wanted another opinion. Now what are opinions on this, the owner of the company that I worked for has an exwife that owns her own company which is the same line of business as his. I am friends with her and was helping her put up a sign in front of her building, the guy who fired me saw my vehicle there and today his exwife and myself both got letters in the mail from his attorney stating that he had witness willing to testify that I was in contact with her and she was in contact with me and that he was ready to pursue action as I was under a no-compete. Now my feeling is that number one I am not working for her so that is basically what I would think to be harrassment, and secondly the no compete does not say that I cannot work for another company so even if I decided to pursue employment with another company he could not do anything about it. Am I correct in this?

 

[jharris352]

He can always sue you. He is not going to be able to win. He certainly can't keep you from having contact with her.