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Anyone have a former employer try and use a non-compete you signed to stop you from working from a competitor? Curious to hear stories about what type of profession you were in as well as what the result was.
This happened to my son. He's in heating and air he was a supervisor, lead tech salesrep. He's listed as one of the top 100 tech's in the USA. He decided to leave the company, and the owner said he was going to pursue the non-compete. My son happened to mention several things that were done at the company that were illegal (as far as employees went) and the company dropped it. The company did not want a long drawn out law suit.
Anyone have a former employer try and use a non-compete you signed to stop you from working from a competitor? Curious to hear stories about what type of profession you were in as well as what the result was.
I know several firends that did this but part of the non-compete clause, But in their cases it was for a year and they were given a years salary i the clause. They bascially did other things for a year. When asked they said they had to or it would ruin their reputation in the business as far as being hired by another firm.
Non competes are hard to enforce, and usually are just a blustery show of nothing. Even if non competes are legal in your state they must compensate you for the time you cannot work and must be pretty narrowly defined...if they don't it's pretty much a moot point. Courts have always ruled in favor of making sure people can make a living over non compete agreements.
When I worked for a Durable Medical Equipment company I had to sign one. They eventually fired me and I got another job at a DME company but they did not sell the same types of DME.
I was told that since they fired me, they couldn't enforce the clause anyway. I'm not sure if thats true but that is what I had been told.
in today's economic times, and High UE, a non-compete is almost impossible to enforce. An employer has to have such definable points in the terms that its too pointless to deal with. Geographics, time frames, exact items for sale or services. The most one can exclude is a customer list for about 90 days if they are lucky. Most ex employers won't do anything but try and bluff their ex employees into believing that they can ruin their reputation, when in fact, they would do nothing but trash their own in the process. Courts are laughing at any that are brought up mainly.
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