experienced in breaking a non compete agreement? Long story but I need to get out of a no compete agreement ASAP. Any help would be MUCH appreciated!
Layne
Layne,
From what my lawyer buddy tells me, most NCA's really aren't very enforceable. Just get yourself a good general practice attorney, have him look it over and he should be able to tell you what you need to do to get out of it. From what Gordon said, most NCA's aren't worth the paper they are printed on! HTH Jim
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Don't know about Kentucky, but in Texas non-competes are pretty friggen worthless. Most of the guys that broke 'em with the company I used to work for didn't even use a lawyer.
Most people, including lawyers that don't practice in the area, think that noncompetes are not enforceable. That is just not true--they are. There are a few states that make it tougher, but most enforce them. Even Texas, where it might be enforceable if it is ancillary to another valid agreement. Georgia is also tough on them, while California will only enforce them if they are used to protect "trade secrets".
By the way, I do this for a living. Haven't handled one in Kentucky, but, Layne, if you want I would be glad to take a quick pass at it and give you some thoughts. I can track down Ky. law pretty quickly on it and at least give you the lay of the land on enforceability. I can tell you that there are many factors that go into whether a court will enforce one.
Phil
experienced in breaking a non compete agreement? Long story but I need to get out of a no compete agreement ASAP. Any help would be MUCH appreciated!
Layne
Having made many people sign them, I know they aren't really enforcable (US or Canada even). However, in cases where you are going to be working directly on competing technologies where trade secrets come into play (designs, manufacturing processes, etc), you can hang yourself out to dry and actually put yourself in a position of liability for corporate losses (if they can be proved, reasonably).
Zed
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I own a biz in N.C. and I know for a fact it will not stand up in court in N.C. It is a right to work state. I had to sign one for a company about 15 years ago and after I quit I opened up my own Biz and run them out of biz in the same field. They took me court and the Judge threw it out of court.
Torchz,
A noncompete is basically an agreement that provides that after you leave your employer, you will not compete with that former employer for a set period of time in a particular trade, industry or business, and sometimes in a particular geographic area. It usually is directed at protecting trade secrets, confidential information, customer relations and the like. In other words, the former employer has to have a legitimate business interest in order to have one enforced.
Their enforceability varies widely, by state and by the facts of every case. I have worked both sides of the fence in this arena and have had success in enforcing them and in getting folks out from under them. In Michigan, where I practice, and in several other states where I have been involved in injunction actions to enforce them, the law supports their enforceability, but the facts of each case make it a different story each time.
Last edited by flipper58 : 02-25-2005 at 11:40 AM.
The non compete that I signed is probably pretty worthless too. kentucky law genrally recognizes a one year non compete and that is it. My non compete is a three year agreement. The problem is the company that I am trying to go to work for does not want to hire me until I get released from the non compete. They do not want to be brought into a lawsuit if I should be sued for violaition of the non compete. So until I can somehow get out of my non compete, I am unemployed.
Layne:
Pennsylvania must have a GREAT legal reputation, so maybe a "Philadelphia Lawyer" is what you need...
Good Luck , my friend, and if all else fails, smart Insurance Companies up here could always be an option...but pack your "woolies"! I'd actually like to see the prncss in mukluks and fur...
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, my friend, and if all else fails, smart Insurance Companies up here could always be an option...but pack your "woolies"! I'd actually like to see the prncss in mukluks and fur... 
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