Re: Non-Competition Clause

Subject: Re: Non-Competition Clause
From: Andrew Plato <intrepid_es -at- yahoo -dot- com>
To: Techwrl-l <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Sat, 11 Mar 2000 15:53:03 -0800 (PST)

>
> Am I breaking this clause if I start work at Site A
> but for a new consulting company?

Yes, you would be violating the terms of your noncom.

It's a crappy agreement. 75 miles? That's nuts. Good NonComs restrict you only
from pursuing independent employment with clients where you actually worked or
interviewed. 75 mile exclusion zone is very restrictive.

> Is this clause
> truly enforceable? Site A is about 6 or 7 miles from
> my current client site (which is a different company).
>

If you make a big deal out of it, you increase the odds that your contract
company will sue you. If you keep quiet and don't say anything to anybody - it
would be very difficult to enforce that contract. First, it is a illegal to
restrain a person from practicing their trade. Second, your current consulting
company must prove that your actions caused them material damage - which would
be difficult. Those two facts often conspire to make Noncoms difficult to
enforce.

If you want to really make out, take the job opportunity to your current
consulting company and sell it to them. Ask them to cut you in on a piece of
the deal. A good place will, a nasty place won't.

Good luck

Andrew Plato.
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