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Moderator
Join Date: Jun 2001
Location: Geyserville, CA
Posts: 6,921
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In most instances, non-competes are difficult to enforce. That being said, customer lists, pricing, contracts, cost data and other similar sales information is intellectual property and using them can trigger an injunction quicker than you can say, "attorney".
In general, people have a right to make a living, which makes non-competes hard to enforce. However, if you are given any type of severance, they typically come combined with a specific non-compete for length of time the severance represents in terms of your standard compensation.
Specific non-completes: named accounts, geographies, etc. are easier to enforce. For example, if your non-compete says you can't for 24 months call on customers in the Phoenix area, you can then make a living by calling on customers in Tucson.
The bigger challenge is a new employer may not want to hire someone with a non-compete just for the hassle factor. Even if non-enforceable, it at minimum involves letters between corporate counsel and at worst involves the threat of trial.
Of course, not keeping copies of legal documents you sign is not the swiftest move.
Sorry to hear about your job situation.
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Don Plumley
M235i
memories: 87 911, 96 993, 13 Cayenne
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