Quote:
Originally Posted by eastcoastguyz
I wish people wouldn't say "they can't...", they can. It doesn't mean they will win, but a lawsuit is not over in an hour like on a TV show. There is not someone who checks the law of the lawsuit and says "No, you can't sue for this because the agreement said...". You get sued, you have to go to court to defend yourself. It's a huge ordeal and it drags out for not just months but years. I know a fellow who left the company and started up his own business. Everyone knew he left the company and so did the customers, so they found him and started doing business with him. His old employer lost a lot of business because their customers left. The former employer sued him and it dragged on in court for 4 years and cost him over five figures defending himself even though he was in the right. It ended with his former employer dropping the lawsuit, but he was left with a huge legal bill because of it and it was hell for him. Every time I talked to him, the conversation was always about the lawsuit, because it was so stressful for him.
It's best to have your own attorney review any documents before you sign them and to follow their advice on how to handle it.
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The story you provided is a textbook example, and basis for 99% employer lawsuits against the former employee: loss of significant business.
Outside of that, non-competes are almost never invoked.
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