Getting out of a Non-Compete

[Anonymous]

Anyone have any suggestions?
Mine is for 2 years and a 100 mile radius.......
Help!

 

[Anonymous]

Anyone have any suggestions?
Mine is for 2 years and a 100 mile radius.......
Help!

Call an attorney. Spend a few hundred to have a professional opinion.

 

[Anonymous]

You cannot get out of a noncompete. Sorry. My daughter tried and once you sign it, you have to live by it.

 

[Anonymous]

Non compete means nothing if you are fired

 

[Anonymous]

You cannot get out of a noncompete. Sorry. My daughter tried and once you sign it, you have to live by it.

LOL You are a total IDIOT!!!!!

Don't listen to this jerk. Non-competes are a total joke for the most part. About the only time they can be inforced is when a patent is envolved. The only problem is that regardless of whether or not you can and will win is whether or not the other party can afford to cost you lots of money defending yourself. 95% of the time the company is going to do nothing but stamp its feet if even that.

 

[Anonymous]

You cannot get out of a noncompete. Sorry. My daughter tried and once you sign it, you have to live by it.

Not true at all. Certain states, California being one of them, do not recognize non-compete agreements from any state. For instance if you are a rep who lives in California but works for a based Mass. Based company, there is no way to enforce the non-compete. I just went through this and there is nothing they can do.

 

[Anonymous]

Not true at all. Certain states, California being one of them, do not recognize non-compete agreements from any state. For instance if you are a rep who lives in California but works for a based Mass. Based company, there is no way to enforce the non-compete. I just went through this and there is nothing they can do.

This poster is right. In most states, a non-compete cannot be enforced (legally, the company knows they will lose). Illinois is another stated where you are screwed if you have a non-compete.

 

[Anonymous]

Not true at all. Certain states, California being one of them, do not recognize non-compete agreements from any state. For instance if you are a rep who lives in California but works for a based Mass. Based company, there is no way to enforce the non-compete. I just went through this and there is nothing they can do.

Well, consider me ignorant then. However, I had to sign one and companies tend to shy away from candidates who will sell in the same environment and signed one. They are enforceable depending on the circumstance. My daughter does not work for industry. I agree with you but I bet it depends on what state you live in. No need to get nasty. Obviously, the OP signed one and had another employment opportunity. I am telling you that it probably depends on the company, the state and the circumstance. Some ex-employers might just walk away while others might make a big deal out of it. You just never know.

 

[Anonymous]

This poster is right. In most states, a non-compete cannot be enforced (legally, the company knows they will lose). Illinois is another stated where you are screwed if you have a non-compete.

A friend of mine in Illinois left for the competition and got sued by his former employer for breaking non-compete. Fortunately, his new employer paid for his legal defense but the whole process was long and ugly. He said his old company combed through all his web logs and EMAILS and admitted them as evidence against him - you know those inappropriate emails our friends send us from time to time or those risque websites we may glance at once in a while - all of that was all made public. I think his new company paid his "fine" but he told me that he would never do it again; it shook him up pretty good. Even to this day, the guy puts a piece of electric tape over his laptop webcam and always takes his own laptop and cell phone in addition to his business issued ones.

 

[Anonymous]

What do inappropriate emails have to do with a non-compete? They may be reasons to fire someone if it violates company policy, but otherwise?
I always have my own phone and personal computer. I just don't want my company having access to any of my personal life or information. There is nothing exciting to hide, it's just a matter of having personal privacy. Anything, ANYTHING you type on company issued electronic devices can be retrieved and read by the company. This includes using company equipment to access a personal email account.

 

[Anonymous]

A friend of mine in Illinois left for the competition and got sued by his former employer for breaking non-compete. Fortunately, his new employer paid for his legal defense but the whole process was long and ugly. He said his old company combed through all his web logs and EMAILS and admitted them as evidence against him - you know those inappropriate emails our friends send us from time to time or those risque websites we may glance at once in a while - all of that was all made public. I think his new company paid his "fine" but he told me that he would never do it again; it shook him up pretty good. Even to this day, the guy puts a piece of electric tape over his laptop webcam and always takes his own laptop and cell phone in addition to his business issued ones.

It is true about Illinois. Employers do sue and win here.

 

[Anonymous]

What do inappropriate emails have to do with a non-compete?

Part of discovery process? Character assassination to make the ex-employee look bad in court?

 

[Anonymous]

Non-compete enforcement is strictly dependent on the company you work for. If they choose to enforce it, they will win. One company I worked for openly reminded reps at meetings that they fight non-competes and even bragged about winning a case over a former employee.

But most companies don't fight them, especially if you are fired. Why wouldn't they want you working the competition?

I did have to avoid my industry for a year and in that time, I found I wanted to do other things and now I'm getting out of sales altogether.

 

[Anonymous]

So many things wrong in this thread. Non-competes are usually binding in most states and situations. A few states (California) make it hard to enforce, but those are the exceptions. Non-competes cannot be overly broad and cannot block someone from earning a living. In our business, they are usually targeting specific therapeutic categories. So, if you have been selling oncology products, you could be blocked from selling oncology products with a competitive company. However, if you go into selling respiratory products, it would not be competitive and should not be a conflict. In a post above, someone mentioned a non-compete with a 100 mile radius limitation. If that is the main factor, it would be difficult to enforce the non-compete as you would be blocked from earning a living. If the radius, however, is combined with the narrow focus of a therapeutic category, it would be enforceable as you could just switch therapeutic categories.

Companies are looking to protection themselves from people taking away business based on your experience with their respective business. If the new role does not do so, then it should be fine.

The best thing to do is get an employment attorney to look at your non-compete language to see if it presents a problem. It is also good to get an attorney involved as companies will try to scare you. I left a company that had no place in a particular therapeutic category. When I resigned, they pointed out the non-compete and said that they had future plans to enter that category. One quick letter from the attorney took care of the issue in very fast order.

 

[Anonymous]

The best thing to do is get an employment attorney to look at your non-compete language to see if it presents a problem. It is also good to get an attorney involved as companies will try to scare you. I left a company that had no place in a particular therapeutic category. When I resigned, they pointed out the non-compete and said that they had future plans to enter that category. One quick letter from the attorney took care of the issue in very fast order.

Best advice so far ... get an attorney.