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non-compete question* EDIT and bump
Posted on 1/18/13 at 6:41 am
Posted on 1/18/13 at 6:41 am
I've been with my company for two years. I work from home in sales. They sent a non-compete to me through email in about my second month and asked me to sign it. I honestly forgot and never signed it.
I'm free and clear correct? Anything I should be concerned with if I leave current company?
Thanks!
*Edit:
Turns out when I did begin employment with this company, I did sign a "confidentiality agreement" with non-compete description in it. I have been notified by my old company that they think I'm in violation. My current partner and his company are backing me and defending me: Basically, "unclean hands" may be my defense here. Any advice or experience with this?
I'm free and clear correct? Anything I should be concerned with if I leave current company?
Thanks!
*Edit:
Turns out when I did begin employment with this company, I did sign a "confidentiality agreement" with non-compete description in it. I have been notified by my old company that they think I'm in violation. My current partner and his company are backing me and defending me: Basically, "unclean hands" may be my defense here. Any advice or experience with this?
This post was edited on 2/15/13 at 11:37 am
3
Posted on 1/18/13 at 7:36 am to JoseVargasTX
I would think you'd be in a good position as long as you didn't sign one at any other time like when you first started working there. Non-competes are notoriously hard to enforce and have to be very limited in scope to be allowed. Courts err on the side of letting an individual make a living.
This post was edited on 1/18/13 at 7:37 am
Posted on 1/18/13 at 10:14 am to JoseVargasTX
I signed one with my current company. Talked to my sister-in-law attorney about it, and said they generally aren't worth the paper they are written on.
It is essentially a scare tactic to try and get you to not take a job with a rival firm.
However, they do protect against using proprietary information to harm the company.
It is essentially a scare tactic to try and get you to not take a job with a rival firm.
However, they do protect against using proprietary information to harm the company.
Posted on 2/15/13 at 11:38 am to JoseVargasTX
*Edit:
Turns out when I did begin employment with this company, I did sign a "confidentiality agreement" with non-compete description in it. I have been notified by my old company that they think I'm in violation. My current partner and his company are backing me and defending me: Basically, "unclean hands" may be my defense here. Any advice or experience with this?
Turns out when I did begin employment with this company, I did sign a "confidentiality agreement" with non-compete description in it. I have been notified by my old company that they think I'm in violation. My current partner and his company are backing me and defending me: Basically, "unclean hands" may be my defense here. Any advice or experience with this?
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