Any Attorney know?????

[RJT]

Any attorneys out ther that can help me with a non-compete agreement?

[croatan]

It's going to depend on state law. I don't know anyone practicing in NC. Are you trying to draft one or get out of one?

[RJT]

Originally Posted by croatan

It's going to depend on state law. I don't know anyone practicing in NC. Are you trying to draft one or get out of one?

Get out of one. Thanks

[replicant_argent]

I asked my uncle, who doesn't practice in quite that field, (PI) but he says non competes aren't usually that bad to bust apart.


But I know nothing, so that comment is worth the same.

[croatan]

Originally Posted by replicant_argent

I asked my uncle, who doesn't practice in quite that field, (PI) but he says non competes aren't usually that bad to bust apart.


But I know nothing, so that comment is worth the same.

I've seen plenty of really good ones. It depends on a lot of things, most importantly being the state. What would never fly in California will keep you from practicing your trade in a couple hundred mile area in Texas for five years.

[Ivory Tower]

What does your contract provide as the remedy for violation of the clause?

First, they have to prove you're in violation. And remember that seeking and enforcing whatever remedies exist may not be worth it to the employer.

However, if the case is pretty clear and there's an attorney fees clause, you might get stuck paying for them. Yuck.

[squid]

I worked for a company that failed to have me sign a non-compete clause when I went to work for them. When I was leaving the company and because of the amount of business that we had picked up...they wanted me to sign one going out the door. As I told them....my mama raised ugly children, not stupid ones!

A quick call to a Raleigh attorney led to a very quick phone conversation that unless they were willing to make some form of settlement with me, normally done with $$$'s, then I was free to walk.

Your case is much different than ....but, would certainly think that you'll need to consult an attorney. Seems to me that I've heard of things such as they can't limit you to but a reasonable defined area (not the entirety of the state), not being able to call on your acquired clients for a reasonable period of time, etc. Believe there is a limited time that the compete clause can be in effect, as well.

[smokin5]

I'm admitted to practice law in 3 states, but North Carolina
(and apparently sobriety) is NOT one of them.

I highly recommend that you consult with a lawyer familiar with N.C. business or employment law. These type of issues tend to vary widely from state to state. Depending on your state's laws & court opinions & the actual language of the non-compete clause, you may or may not be able to avoid it.

Remember, though, that if the employer sues you, a lawsuit can be VERY expensive, time-consuming & nerve-wracking. Often, even if you win, you lose by swallowing all the in the meantime. And even IF you can claim your attorney's fees as damages, you'll probably still have to pay your lawyer throughout the case. Just a practical trial attorney's opinion.