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bpmom
Feeling Blessed
Member since 6/07 2963 total posts
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Non-compete clauses?
Has anyone had one enforced?
Thanks!
Message edited 5/18/2011 3:07:19 PM.
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Posted 5/17/11 8:17 PM  |
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Long Island Weddings
Long Island's Largest Bridal Resource |
smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Non-compete clauses?
I have never signed a non compete clause that would hurt me later.
I have never been compensated either. But I never put me in a position that I could not do some work.
I have a non compete now and yes, I would not be able with particular clients.
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| Posted 5/18/11 11:28 AM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: Non-compete clauses?
From what I've been told by our attorney, you cannot stop someone from working at a competitor.
You can get an injunction if they're going after your previous employer's clients.
You can go after the ex-employee AND more importantly their employer for breach of contract.
Specifically New York state limits their enforceability.
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| Posted 5/19/11 3:15 PM |
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smdl
I love Gary too..on a plate!
Member since 5/06 32461 total posts
Name:
me
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Re: Non-compete clauses?
Posted by nrthshgrl
From what I've been told by our attorney, you cannot stop someone from working at a competitor.
You can get an injunction if they're going after your previous employer's clients.
You can go after the ex-employee AND more importantly their employer for breach of contract.
Specifically New York state limits their enforceability.
Yes, you cannot say that an EX employee cannot work with competitors. That would mean they can't ever work and make a living.
But you can restrict to a mileage distance and clients that worked with EX company.
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| Posted 5/19/11 4:45 PM |
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ihilani
LIF Adolescent
Member since 9/07 858 total posts
Name:
alias
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Re: Non-compete clauses?
Message edited 6/3/2012 9:20:43 AM.
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| Posted 5/19/11 6:44 PM |
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julz33
i run for bacon
Member since 5/05 20584 total posts
Name:
julz
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Re: Non-compete clauses?
I have been 'threatened' with one and had to use a lawyer. My previous company was very unprofessional with the way they handled things and in fact I don't think corporate or anyone else knew the things one particular HR person was emailing such as "you can't work there, you have a non-compete" when it appeared she had never even read the non-compete. All it took was one letter from a lawyer pointing out my rights and their rights as indicated in the non-compete agreement and within 30 days I was free to work. FM if you need to.
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| Posted 5/20/11 9:41 AM |
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Re: Non-compete clauses?
One company tried to, my lawyer sent a letter and I never heard from them again.
From what I've heard they often don't hold up in NY, especially long island since limiting geographic distance limits half the island, haha.
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| Posted 5/20/11 10:57 PM |
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Re: Non-compete clauses?
They are very tough to enforce, however, it would be costly to have to defend a case. My husband left a position in which he had one. It was questionable whether NY law governed and we might have had to pay an out of state attorney upwards of $350-$400 an hour. Instead of waiting for that to happen, we worked with both the old and new company and the new company agreed to pay the old one for a written release. Then my husband was able to move on without worrying about when the other shoe would fall. We took advice from a friend of mine who handles more business law related situations than I do. Because it worked out in our favor, I plan to hire him for something else that my business now needs.
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| Posted 5/21/11 12:43 AM |
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snowprincess
My happy babies
Member since 3/06 3428 total posts
Name:
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Re: Non-compete clauses?
a good friend was prevented from going to a direct competitor in a new city - but that was a court in kansas city
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| Posted 5/23/11 11:56 AM |
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