Selective Enforcement?

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anonymous

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Can a company selectivity enforce non-competes? For example can they only go after only certain sales reps or would they have to go after all with the non-compete in their contract if the sales reps all held the same type of position?
 
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anonymous said:
Can a company selectivity enforce non-competes? For example can they only go after only certain sales reps or would they have to go after all with the non-compete in their contract if the sales reps all held the same type of position?
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Yes I would like to know. My company is doing this right now, selectively going after certain people while not going after others. All who signed the same non compete and went to similar companies.
 
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  • Rxrep   Dec 01, 2018 at 08:40: AM
anonymous said:
Can a company selectivity enforce non-competes? For example can they only go after only certain sales reps or would they have to go after all with the non-compete in their contract if the sales reps all held the same type of position?
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Is anyone going to answer this question?

This is going on at my current company and I am concerned because I am looking to leave.

Just recently about 10-15 reps left to go to another new company. About 5 went to a different new company. Both new companies in the same therapeutic specialty as the previous but with completely different products with different indications and usages than the previous company.
A handful of employees have been singled out and retaliated against stating the non compete we all signed, while the others who left the company with the same position and went to the same new company with the same position have not been contacted or retaliated against. How can they legally pick and choose? Isn't this discrimination and retaliation?
 








Generally, companies are free to enforce – or not enforce – any contract it has. Just because a contractual term has been violated, does not mean a company has to act on it. There are many factors at issue in deciding whether to pursue legal action, and those factors are different in each individual situation. Perhaps if the company were deciding which cases to pursue based on gender, religion, race, etc., there would be an argument that the selective pursuit was discriminatory. Otherwise, the company’s choice to pursue some non-compete violations but not others probably is not illegal.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

You can read more about employee rights at https://www.workingnowandthen.com/
 








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