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Signed a non compete clause in NV. 7 mo. later salary and comm cut over 33%, is the non-compete enforceable?

The position is in sales and I have the opportunity to move over to a competitor and make 4x as much money. They sell the same type of services. Can my current employer enforce the non-compete clause if they changed the terms of the contract by lowering my income so dramatically (he did this to the entire sales staff, I was not singled out for poor performances)? Would a judge uphold the contract if I I would be able to support my family again? To say the least, this has been financially devistating to me! I just want to ensure that I am not jumping from the frying pan into the fire but breaking this clause! Any guidance would be appreciated! Just as an FYI, the only reason I stayed with the current employer after the salary was cut so deeply was that I needed my health insurance desperately. This is a small company and they do not participate with Cobra Insurance. I felt trapped, but the insurance was just too important!

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  • 1 decade ago
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    Nevada copies a lot of California labor law...

    I don't know about the specifics in NV.

    In California, in most careers it is difficult to enforce a non-compete agreement because an employer "does not have a right to impede on a person's ability to make a living".

    However, in sales it is slightly different, if you do not take any client information with you, do not use any sales tactics used at your current company, etc (i.e. you basically start over from scratch), then the non-compete agreement is probably not enforceable. But without your contacts, does the new company want you?!?

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