Concerns with Non-Compete Agreement. (My field of work generic but I am in a specialized industry with few local competitors.)

2 views 5 answers
I have a NCA with employer. I may soon receive a job offer from a (hopefully) new employer. Same type of job (project manager) but in a different industry. Both industries are different types of consumer products. My NCA is quite detailed in what restrictions are in place (i.e. designers, makers and distributors within USA of said product). The new employer has a different product portfolio to my current company - nor are they a competitor in the same field. In my reading of the NCA, I am not prohbibited to make the move. However my current company once approached the new company to attempt to supply the new company. They met but were not interested - no developments in over a year. I am concerned old boss may try and block my move and hassle me/new company. What are my options?

Attorney Answers

5
Brook Smith ·
You need to hire a business attorney to help you make the right decisions. The matter is too complex for resolution in this forum. Clearly you know the right questions and have the necessary information in hand so sitting down with an attorney will not be time consuming, but it will be worth it to you to get advice you can rely on.
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Marlo D. BruchEmployment / Labor AttorneyKalamazoo, MI ·
I agree. You need to have an employment attorney who is skilled in negotiating and interpreting non compete agreements. It is better to deal with this and amend or change the terms mutually with your current employer to avoid being sued.
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Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
NCA are very limited in geographic scope, subject matter and time. If there is truly no competition then you might be okay. Unfortunately, no one on a public forum can advise you without seeing the agreement and understanding the two businesses. Good luck.
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John Brennan ·
It is all in the details, but if what you are representing is correct there should be no real issue. Get to an attorney to have this reviewed.
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Joseph Lavigne ·
Candidly you have far too much on the line with these issues to simply rely on free advice in a forum like this. However is a good place to find a lawyer to assist you. Consult with competent business/litigation counsel who will be able to assist you with these issues as well as any others that arise.
0 upvotes