Forums: Discussions for entrepreneurs and small business.

I have recently put in my notice for leaving my day job, I`m a website designer, I rarely come in contact with clients or any public relations. I gave them a month instead of 2 weeks so hopefully they will be appreciative of the gesture. In the employment agreement I had a 3 year 100 mile non compete clause, when I asked the manager she simply said you cant leave here and go work for another local firm and give them our client leads you got here.  

It is something to worry about if your leaving and the amount of competition is worth enough money.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

These are always tough cases.

In the end a non-compete is only as strong as the company is willing to push it.

If you don`t cross the line, chase their clients, or otherwise be a jerk you`re likely OK.  Not necessarily - some companies will push to enforce non-competes just to prove a point HOWEVER you do have a right to earn a living and non-competes don`t overrule that right.

As with any such issue however, you should probably talk to a lawyer familiar with such laws in your state.



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Chris Haycox, Metro Hi Speed
Provider of internet fax services. Small business and corporate Internet fax solutions to fit your budget.

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Tracy Barnhart, Owner
Giverny, Inc. / Mini Me Geology
http://www.GivernyOnline.com
http://www.MiniMeGeology.com

I dislike burning bridges. I agree with the information above, but if a company is simply NOT happy with the services rendered after your departure, outside of referring them to a company elsewhere because of the clause, what options do you have if they actively pursue you to work with them?

Would it make a difference if he privately contracted with the company as an independent, but somehow under a corporate umbrella? If the company decides to hire people for specifically, its own webdesign department, as contract or employee, does that still qualify as "noncompete" worthy?

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Hi Chris,

I agree with the earlier post, it'll be much betterr to consult a lawyer first, just to be on the safe side.

I had a similar case like yours and what i did was talked to our HR and asked her to kindly define what exactly is their definition of "competition". I told her that I respect the non-compete clause but I think I do have the right to make a decent living based on what I can do.

Wishing enough peace of mind and good luck!

Uprinting.com