Questions tagged [non-compete]

Questions about non-compete agreements in employment contracts.

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Non-compete clause with a bus factor of 1 [closed]

The small UK family-run business that I've worked for during the past 18 years offers services in topics A, B, C and D. Other staff (and myself) can do all of the services A, B & C but only I can ...
Smithy42's user avatar
8 votes
1 answer
4k views

OpenAI employees' move to Microsoft: Non-compete regulations?

A few days ago, Sam Altman was fired from his position as OpenAI's CEO in a surprise move. Altman has, as of now, accepted an offer by Microsoft to join the company as head of an AI lab. Microsoft has ...
Peter - Reinstate Monica's user avatar
-6 votes
1 answer
111 views

USA: Was suing for non-compete agreements, misappropriation of trade secrets, breach of contract, tortious inference, not a thing before 2008?

I have 2 other examples, but they were recent, they were after 2008. Are there any notable earlier ones?
Neal Conroy's user avatar
1 vote
1 answer
61 views

Did I sign a non-solicitation agreement? If so, how do I get out of it? [US, Massachusetts]

Exactly as I described: Wondering if the below contains a non-solicitation agreement or is it referring if any was signed in the past? What are the terms here exactly? You acknowledge your continuing ...
keon6's user avatar
  • 11
0 votes
1 answer
53 views

How are multiple and/or clauses in contracts interpreted?

If a contract includes multiple and/or statements, how are these generally interpreted? For example when defining the competing fields in a hypothetical non-compete clause as in the field of ...
Opsim's user avatar
  • 3
1 vote
2 answers
124 views

Does an NDA cover "non-compete" needs?

My business might be getting acquired and I was wondering if a standard Non-Disclosure Agreement (NDA) is enough to enforce "Non-Compete". In our NDA, "trade secrets" are mentioned,...
user8749042's user avatar
2 votes
1 answer
53 views

Effect of non-compete of ex-employee clause after legal merge in Netherlands

If an employee of company A in the Netherlands with a non-compete clause quits before transfer of undertaking for the legal merge with company B(overgang van onderneming), would the non-compete clause ...
user46504's user avatar
0 votes
1 answer
97 views

Non-Compete in consultancy and switching to freelance work

I'm currently working as a cloud engineer in a cloud consultancy company and when I joined the company as part of my contract there was a non-compete clause forbidding me to carry on a business or ...
user46504's user avatar
1 vote
0 answers
54 views

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 ...
ArrakeenDragon's user avatar
0 votes
1 answer
66 views

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 ...
gman's user avatar
  • 492
15 votes
1 answer
4k views

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 ...
Iblis's user avatar
  • 161
-1 votes
1 answer
152 views

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 ...
Spitfire_One's user avatar
0 votes
1 answer
160 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 ...
Geitonogamy's user avatar
2 votes
1 answer
188 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 ...
mordorhawsher's user avatar
1 vote
1 answer
87 views

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 ...
All is Well's user avatar
0 votes
1 answer
175 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 ...
user avatar
0 votes
1 answer
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 ...
Michael M's user avatar
  • 113
0 votes
0 answers
55 views

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 ...
Michael M's user avatar
  • 113
0 votes
3 answers
112 views

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 "...
Michael M's user avatar
  • 113
1 vote
2 answers
142 views

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 ...
Matt Rybin's user avatar
1 vote
2 answers
190 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 ...
Evan Carroll's user avatar
  • 2,139
-1 votes
1 answer
106 views

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 ...
Tommy Nguyen's user avatar
0 votes
1 answer
70 views

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 ...
Favst's user avatar
  • 103
1 vote
2 answers
258 views

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 ...
pjonson2's user avatar
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 ...
gatorback's user avatar
  • 7,145
1 vote
2 answers
96 views

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 ...
Trey's user avatar
  • 123
1 vote
1 answer
124 views

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 ...
abelenky's user avatar
  • 3,146
2 votes
2 answers
2k views

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-...
my_default_name's user avatar
-1 votes
2 answers
105 views

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 ...
solarflare's user avatar
1 vote
1 answer
81 views

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 ...
IWantToMove's user avatar
0 votes
0 answers
33 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 ...
Sizzle's user avatar
  • 643
0 votes
2 answers
254 views

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 ...
schizoid04's user avatar
0 votes
3 answers
434 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 ...
Bella Jones's user avatar
0 votes
1 answer
80 views

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 ...
Storm's user avatar
  • 101
-1 votes
1 answer
100 views

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 ...
Amberta's user avatar
  • 99
0 votes
1 answer
782 views

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 ...
shafeen's user avatar
  • 101
0 votes
1 answer
29 views

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 ...
CircArgs's user avatar
  • 113
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 ...
Alex S.'s user avatar
  • 101
3 votes
1 answer
486 views

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 ...
Allahjane's user avatar
  • 173
0 votes
2 answers
1k views

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 ...
UpTheIrons87's user avatar
3 votes
3 answers
1k 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 ...
Lancelot Du Lac's user avatar
6 votes
1 answer
183 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 ...
Gabriel's user avatar
  • 161
-1 votes
1 answer
113 views

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. ...
Drise's user avatar
  • 131
0 votes
2 answers
333 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 ...
Thomas Browne's user avatar
0 votes
1 answer
100 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 ...
RackAttack's user avatar
1 vote
1 answer
432 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 ...
Jacopo Vezzosi's user avatar
0 votes
2 answers
104 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 ...
Roman_T's user avatar
  • 113
0 votes
2 answers
1k 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 ...
Jason Smith's user avatar
1 vote
1 answer
1k 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 ...
Eliot G York's user avatar
1 vote
0 answers
89 views

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 ...
ITWitch's user avatar
  • 111