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| *Ostroff, Fair and Company>>>Law & Legal |
Has anyone ever broken their Non-Compete Agreement? |
I worked for a tiny company that left the state. The others that I worked with are currently unemployed and looking for jobs. But we all had non-competes and their having a hard time finding good jobs. Has anyone ever broken or squashed a non-compete in Nevada? How did you do it and move along with life? Especially if you wanted to stay in the same industry. Usually non-competes have a time limit, ie they cannot work in the same industry for a period of 1 year of 2 years after they cease employment with that company. I would think that the non-compete only applies if you terminate your employement with the employer, it's to prevent you from going to the competition and stealing their clients. If they closed and left the state and you all got laid off, I would hazard a guess that the non-compete no longer applies. They would need to read the non-compete and look for language that might apply to the company going out of business, leaving the state or they become redundant. Next contact an employment attorney that can review the contract and issue an opinion on the matter. Without reading the non-compete I don't know what the penalties are if they work in the same field prior to the expiration of the agreement. The best thing they can do is work in another field until the non-compete expires. I have friends that worked for an employment placement agency and had a non-compete, however, her's stated she could not work for another agency doing the same placement, the one agency she worked for placed attorney's and paralegals. So she went to work for a company that did regular placements. Two years later she opened her own business placing attorneys. Good luck Is that previous employer that left the state paying your bills? Is it putting food on the table? Anything that doesn't allow you to earn an income so you can eat, sleep, or manage your basic needs is definitely making this a serious issue. You need to live so forget about this non-complete crap and get an income. hj_thorne covered it all! Doing research on non-competes and NDAs. Overall non compete agreements across the board are normally not enforceable due to the very problem you and your co-workers are having. The fact that your company has left the state would make the agreement null and void. The courts normally uphold Non compete agreements if they find the individual could cause financial harm to the institution due to trade secrets they may have. Recently, a high executive individual who worked with google attempted to secure a position with a competitor. The courts ruled in favor of the competitor since due to his agreement and information he had regarding the operations, etc... He could have very well shared that with said competitor and cause financial harm to google. I can assure you since the company literally has left the state of Nevada the non compete is no longer valid. Law student 3rd yr/HR 15 years dont listen to red velvet fraud. she knows absolutly nothing about anything. so don tbelieve her these agreements are enforcable often. you need to see an attorney to see if urs is. dont listen to that hacks they left the state so it is not enforcable unless you want to see yourself owning thousands of dollars. |
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