Any Experience Fighting Non-Compete Agreement?

[Over_Easy]

I am currently a contracted 1099, commission based only. But I am looking to go into the same business for myself by myself (initially) as I have learned more about the company and am not fond of their advancement requirements. In short they can hold you back as long as they wish even if you hit the necessary requirements allowing them to make more money from your efforts as opposed to advancing you. I can make almost twice as much being in business for myself.

I signed a Non-Compete Agreement which from my understanding are enforceable only if it protects legitimate business interests. The statute allowing non-compete agreements assumes that the following are legitimate business interests:

* Trade secrets;
* Valuable confidential business or professional information;
* Substantial relationships with specific prospective or existing customers, patients, or clients;
* Goodwill associated with an ongoing business or professional practice, by way of a trademark, geographic location or marketing/trade area;
* Extraordinary or specialized training.

However, what we do is common knowledge, there is no customer base as it is usually a one time transaction and I have received similar sales training for the past fifteen years prior to this. Anyone have experience fighting one of these?

 

[aussiekeeper]

It is to protect them from you being in competition with them, period. As it may not be spelled out in actual words, there is the "essence" of the contract. Meaning, anything that would interfere with their business form a former employee. It may not say it, but the lawyers will make you broke with paperwork and appearances. You may, however, relocate and pick-up new clients. But purge your list of clients on their list.

 

[Mr Bogus]

you wanna butt heads with a company that has a "no-compete" contract, you better have a deep pocket if they come after you...

You best get real legal counsel before you go throw yourself off the cliff... (this can be financial suicide if you ever need to go work for another company and they have a like contract and the find out about the last guy)..

 

[Dino]

There is really no way that anyone could give you better advice than to run it by a contract lawyer. You have not given us enough information.