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Dueller Dueller is offline
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Join Date: Oct 2005
Location: Magnolia State
Posts: 7,548
As a general rule of thumb, courts evaluate the reasonableness (admitedly a term of art) of non-compete agreements. E.g., say you're a pest control guy (this is a very common area where NC's come up) and you have a route in various neighborhoods in a 10 mile radius. Your employer has worked hard to develop the business/service customers in that area. You quit and go to work for a competitor. NC likely enforceable within a narrow geographic area for a reasonable period of time/area...say a year or so and 20 mile radius. But wouldn't be enforceable for the entire state or for 3 years.

OTOH...say you sell paper products to school systems in a state. Go to work for a competitor and start calling on the same customers. May be more likely to be enforced state wide.

Don't really know the nature of your business. But one thing is certain...if your prior company comes after you, it will not be to recover from you....you're chump change. They want the deep pockets of the company you go to work for. You're just a facilitator.

If you do go to work for a competitor, make sure they are aware of the non-compete and they agree to indemnify you if you're sued. IN WRITING.
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Jim
1987 Carrera
2002 BMW 525ti
1997 Buell Cyclone cafe project
1998 Buell S1W: "Angriest motorcycle I've ever ridden."

Last edited by Dueller; 03-09-2009 at 09:10 AM..
Old 03-09-2009, 09:04 AM
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