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Leaving Current Job to Start Similar Business (Non-Compete Agreement)

 
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ecufan

posts: 1

Nov 21, 2006 1:51 PM ET    Quote  Report Abuse
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I`ve been in the planning stages of setting up a new company in the same line of business as my current employer.  My issue is that I have a pretty strict non-compete agreement.  In a nutshell it states that I can`t work anywhere in the industry within a 300 mile radius for the period of one year.

Before I started working here, I brought up the harshness of the agreement with my employer.  He stated it was to protect the company`s interests, and the intent was not to keep me from working in the future, I have that particular statement in writing in an e-mail, but on paper it says different.  I have no intention of going after any of the company`s clients or prospects, and planning targeting different types of customers, as well as a different operating structure.

I`ve done a ton of research about this on the internet, and most resources state that an agreement that is so restrictive that it prevents you from making a living or becoming employed in your trained field is not valid in court.

Does anyone have any feedback or comments?
MNGrillGuy

posts: 236

Nov 21, 2006 2:47 PM ET    Quote  Report Abuse
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I don`t think 300 miles is restrictive to your livelihood.  Or does the opportunity/market only exist in this small area?  If so, then yes, that would be highly restrictive.



-------------------------

Travis Tschepen
Hibachi Bros. LLC

--My goal in life is to be as good of a person my dog already thinks I am.--
MiteyMite

posts: 489

Nov 22, 2006 11:00 PM ET    Quote  Report Abuse
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I believe you should get an attorney`s advice on what you signed before you proceed.  You can find attorneys who are members right here at StartupNation.
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