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LAWYER question.. non compete...?
If i have signed a non compete that states that I cannot compete (sell my product) within 100 miles of my KY base, does that mean it ONLY includes those customers within 100 miles of this city in KY ?
The reason I am asking is, I left my job in KY, went to work for another similar company that is located in TX, the TX company has seen my non compete, and some customers more than 100 miles away from this KY city, have contacted me about doing business with them. A press release went out stating that I was at my new job and a few days later I received a postcard in mailbox stating I had a certified letter from my old works lawyers waiting for me at the post office. I am assuming the old boss received my press release from someone else and is pissed.
I have not contacted, or will contact any former customer within 100 miles of this KY city.
I have been in the same industry for a long time.
Please reply.
2 Answers
- mrreliable3599Lv 77 years ago
Two answers.
(1) Legally, the noncompete you signed is probably not enforceable. You can't sign away your right to earn a living doing what you know how to do, unless that agreement is accompanied by a substantial payment to you, approximating at least what you might earn from competing. They have to pay you real money to put legal teeth into the noncompete agreement.
(2) From a practical standpoint, anyone can sue anyone. Even if you have a nonenforceable noncompete contract, many companies do enter into these types of agreements so they'll have a flimsy excuse to file a frivolous lawsuit. Most lawsuits of this type have no relation to the legality of what's happening. They sue you, then you have to hire expensive lawyers to prove you did nothing wrong.
I was in this kind of situation. The lawsuit dragged out for over a year and a half, and the merits of the case were not examined once. We ended up setting after hundreds of thousands of dollars in legal fees from both sides. I never even signed a noncompete, they just got pissed because I went to a different company.
If your current company is well-established, and their legal team has reviewed the documents, presumably they will include you in their legal defense, because your old company will sue them as well as you. That's a good position to be in from a standpoint of worrying about who is going to pay the lawyers.
