Questions tagged [non-compete]

Questions about non-compete agreements in employment contracts.

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How enforceable (and which parties) does my No Compete Cover?

I have a question about the validity of a no-compete with the company that I work for. Basically, COMPANY B is a US-based company with an office in the UK, where I am based (although the role is ...
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Are their penalties for putting a non-compete clause in an employee contract in California?

This question is NOT whether non-compete clauses are enforceable or not in California. It's instead a more meta question. A company can put a non-compete clause in the employment contract to try to ...
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15 votes
1 answer
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Quitting before the start date: is the non compete enforceable?

Prospective employee E signed a job offer stating that his or her first day of work will be two months into 2022. The contract includes a non-compete agreement (NCA) of a duration of 8 months within ...
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-1 votes
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Is a non compete clause in an offer letter enforceable in Texas?

Can a company enforce a non compete only mentioned in an offer letter in Texas ? Suppose that the offer letter made mention of non compete/ non solicitation once: “A 6 month non-compete/solicitation ...
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1 vote
1 answer
139 views

Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?

In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have ...
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3 votes
1 answer
150 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am an interview for a new company. They advise me that continuing to work for my old one (even on a part-time basis) would be a conflict ...
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1 answer
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Violating Non-Compete Agreement with my Employer

I'm currently employed in a startup in India. I have been working here for 1 year, and have signed non-compete agreement (electronically or digitally). Recently a person contacted me in Linkedin ...
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1 answer
130 views

Non-compete clause in UK, where do I stand?

I currently work for a financial services company in London doing strategy research in a particular asset class. My current contract has - on top of a 3 month notice period - a 6 month non-compete ...
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57 views

What to file (in ID) to pre-emptively dismiss out of state (AZ) non-compete

I live in ID and have an old non-compete with a former client in AZ. I have an attorney handling the matter there. I want to preemptively fight it here too since the former client has issued a very ...
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Does a non-compete also prevent a person from developing a project while waiting for their non-compete to expire?

A person helps a start-up develop a product then leaves the start-up. He/she was never an equity holder. During the 2 year non-compete period with previous client/employer, this person starts ...
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2 answers
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Does refering a potential client to a former client of mine, absolve me of a non-compete with my former client?

My LLC is under a non-compete with a former client in one state that basically says not to provide any IT consulting or hosting that may be considered competition to what they do (lets call them "Acme ...
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NON-COMPETE inside a small country, inside a small profitable market

I have received a Consulting Agreement in the middle of a project. I live in Cambodia. The NON-COMPETE clause in question During the Term of this Agreement and 05 (five) year thereafter, the ...
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1 vote
2 answers
105 views

Does a no-compete apply to two companies owned by the same corporation?

Can a no-compete clause be applied to two companies owned by the same trans-national conglomerate? If sister companies are under the same umbrella organization, does that have any bearing on whether ...
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1 answer
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Am I still legally bound by my NDA if the store owner sold the store?

I want to know if I am still legally bound by an NDA contract that I signed with my employer when I first started the job. The NDA states that I cannot compete with the store for a 1-year ...
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1 answer
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Liability from conflict of interest

There are two co-owners, A and B, of a federal corporation C in Canada. B has a side job at a Canadian company D which has a non-compete clause in the contract. C and D do in fact compete. If a legal ...
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If you are the sole owner of an LLC and you sign a non-compete on behalf of the LLC are you bound to the non-compete or is the LLC bound?

I want to set up a business entity where I (CEO &/or sole owner) can sign non-competes on behalf of my business and not be personally bound to the non-compete. What's the right legal business ...
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9 votes
3 answers
4k views

How can a company compel a W2 employee to sign a non-compete agreement?

Assume the company is in Delaware and been taken over by a larger corporation: If one already has the job, is it possible to for the larger corporation to compel existing employees to sign non-compete ...
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Can a non compete clause prevent clients from being serviced by an entire company?

My wife works at a veterinary clinic (clinic A), recently they hired a new doctor who had a non compete clause in her previous contract (clinic B). A client came in who moved and was closer to clinic ...
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1 vote
1 answer
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Multiple Non-Compete agreements

When I joined my current company, I signed a pretty standard non-compete, assignment-of-inventions type of agreement. Now, some significant time later, a new round of investors/management is getting ...
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2 votes
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Can non-competes be enforced after expiration?

I had a non-compete that with company X that I could not work directly or indirectly for company Y for 10 months. I left company X and I became a contractor for company Z who assured me that the non-...
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-1 votes
2 answers
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Meaning of "restraint of trade" contract terms?

In a consulting contract is a section on "Restraint of Trade." I've included the entire section for reference but the parts I don't understand are in bold. 12 RESTRAINT OF TRADE 12.1 ...
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1 vote
1 answer
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Validity of non-compete clause across several countries

I'm a resident of a south american country, working remotely for an US company, which I'm going to call "the client". I've signed a contract with a firm through which I work for "the client". Let's ...
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32 views

With NO written contract or non-compete in place, how does the law (NY, NJ, FL, CA) view contacting former clients?

Is there any kind of generalized legal rule of thumb in reference to contacting former prospects/clients/colleagues once you've left/been terminated, etc.? With no written contract or non-compete in ...
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Is a non-compete enforceable if it doesn't mention a geographical area?

I left a job in Phoenix Arizona and am currently in Houston, Texas. The noncompete I signed at the previous job was detailed in the scope of a time period (2yrs) and that I couldn't own or manage a ...
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0 votes
3 answers
414 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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0 votes
1 answer
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Would a non-complete clause apply to oversea job searches?

A few years ago I signed a NDA with a non-compete clause when joining my current company in the United States. The NDA is stated to be enforceable where permitted by law. Since then I’ve moved to ...
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1 answer
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Is this non-compete contract valid?

I worked for Russian IT bodyshop company A. I've got a good proposal from one of its Italian clients B recently to relocate and work directly for them. But there is one problem: B says they have a ...
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1 answer
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Attention and Effort Clause (State of Washington, USA)

I need some clarification on this Attention and Effort clause in a non-compete document presented to me (as part of an employment offer). ATTENTION AND EFFORT. During employment, Employee will ...
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0 votes
1 answer
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Connecticut Distance Based Non-Compete Clause [closed]

In the state of Connecticut, what are reasonable conditions for the distance a worker must not compete within as per a contract put into place when employment begins. Do things become different ...
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9 votes
3 answers
2k views

Will my employers contract hold up in court?

When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company: Cannot work for a competitor within 25 miles of ...
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3 votes
1 answer
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Can code logic be copyrighted?

Scenario: I work at company A and write some code for them which is something trivial but used in a product that is proprietary and hence the code is company property. Then I leave the company A and ...
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2 answers
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Signed non-compete, no mention of one in offer letter (MN). Is it still enforceable?

First post on here after doing a ton of Google searching on this topic. Roughly five years ago, I began work at Company A. In my offer letter, there was no mention of my employment being dependent on ...
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3 votes
3 answers
987 views

Can my LLC limit my liability of a personally-signed non-compete agreement?

I am employed via W-2 and bound to a non-compete agreement stating that I cannot be paid for work outside of said W-2 employment. Is it a breach of contract to perform work on behalf of an LLC which ...
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3 votes
0 answers
51 views

California non-compete laws: where do they come from?

I once read that California non-compete laws come from the gold rush era, and yet I was not able to find any more information about the subject. It would be interesting to understand what ...
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1 answer
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What did I agree to in this Non-Compete/Non-Solicitation? [closed]

What did I agree to in my job offer agreement? I'm currently looking at jobs within the same business sector as my current employer's Client, but not looking for direct employment with the Client. ...
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0 votes
2 answers
257 views

Is my non-compete valid, if leaving my company would make the company non-viable?

Based in the UK, I am the only programmer in a small tech company which produces financial software. I have a 3-year non-compete, geographical limits unspecified, where I "endeavour not to compete ...
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0 votes
1 answer
79 views

Examples of date interpretation in NDA

I have received an NDA so that I can become part of a software project as a developer. Most of the clauses seems reasonable except for two parts that I'm slightly worried about. Could you give an ...
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1 vote
1 answer
324 views

Job offer withdrawal because of non-compete

My problem is the following: I have signed a contract with a company in the UK with an effective start date which has to be defined. Now my previous company has claimed they can enforce a non-compete ...
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0 votes
2 answers
74 views

non-compete clause in Canada

I have a following clause in my employment contract that I signed when the company hired me: "For a period of ONE (1) year after the end of employment, the Employee shall not control, consult to, or ...
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0 votes
2 answers
950 views

Admissibility of screenshots of personal accounts on company computers

There is a case in which employees of a company, all in Texas, engaged in skype conversations on their company laptops through personal skype accounts. The employees discussed starting a competing ...
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0 votes
1 answer
855 views

Noncompete agreement - Esthetician

A friend of mine works at a skin care and retail store as an esthetician (dealing with skin care and other spa related treatments). Her boss has had her sign a non-compete agreement that would bar her ...
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2 votes
0 answers
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Can a Recruitment Officer be sued for working for another company of the same industry as his former one?

Setting: Republic of the Philippines (however, international views are also welcome). Let's consider my friend as an example, and let's refer to his former employer as "Old Company" and his new ...
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-1 votes
1 answer
116 views

Is this NDA terminated after the date shown? [closed]

I have signed an NDA between my company and another company. I realized that their approach does not fit with my vision and I told them nicely that I am not willing to partner nor sell the company. I ...
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1 vote
3 answers
3k views

What are my legal risks if I break a non-competition agreement with my current employer? (UK)

My contract says I cannot work for a competitor of my current employer upon termination of the contract and six months thereafter. There are no remedies mentioned in the contract. I work in a small ...
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1 vote
1 answer
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How do non-compete clauses work when an employees' two companies do not initially compete?

Person X works in startup A. Because reasons he also gets employed in a more established company B. He contributes to A only sporadically and is a full time employee in B. Both are software companies. ...
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1 vote
1 answer
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Non competitve agreement during probation period

Quick question- does the non competitive agreement apply during the probation period of 6 months? Or is that depending on the company?.. Im waiting for my contract to come through as i recently got a ...
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-1 votes
2 answers
63 views

legal term explanation required

According to below mentioned clause ,Am I allowed to join other IT company in the practice Computer Software House or not "To refrain from directly or indirectly competing with the Employer ...
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1 vote
1 answer
165 views

Can contract have a clause that changes the contract

So there is a noncompete that I may have signed, but I don't feel the noncompete will be held up in the courts due to it being unreasonable in its restrictions. Here's the Kicker. There is a clause ...
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2 votes
1 answer
120 views

Ideas discussed are general, do they still fall under a signed NDA/NC?

A lets B sign a Non-Disclosure Agreement/Non-Compete ("NDA/NC") and then shares its ideas. How "broad"/"general" can these ideas be to not be considered confidential? E.g. the idea that A tells B is ...
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2 votes
3 answers
195 views

What qualifies as a Non-Compete Clause

So I'm 17 and for the past few months I've been working on a programming project. My intent is to use the code for profit in the future, and because of that I've been reluctant to recruit others to ...
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