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re: non-compete question* EDIT and bump

Posted on 1/18/13 at 12:28 pm to
Posted by OTIS2
NoLA
Member since Jul 2008
50281 posts
Posted on 1/18/13 at 12:28 pm to
quote:

A company doesn't really care that much if you go work for their rival, but if you take their clients with you then they start getting upset.
Fair statement. And, how many departing employees wish to pay the 5 to 10 thousand in legal fees it may take (or more) to win (or lose) the battle. If possible get the new employer to agree at hiring to foot that bill, if the need arises.
Posted by elposter
Member since Dec 2010
25066 posts
Posted on 1/18/13 at 2:51 pm to
quote:

the 5 to 10 thousand in legal fees it may take (or more)


Oh, it's usually A LOT more. 5 to 10 thousand will get you through the initial pleadings filed with the court probably.

To the OP, enforceability of non-competes vary from state to state. True "non-competes" are difficult to enfore, but non-solicitation (i.e., of clients) and other measures to protect the book of business and/or proprietary information are usually enforceable to some degree.

If you didn't sign anything you should be fine to do what you want although the company's trade secrets are protected from theft / unauthorized use by statute (no contract needed). Usually just a list of client names and contact information is not going to rise to the level of a trade secret though.
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