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Can my non-compete agreement be enforced?
Anonymous1 views3 answers
I worked at a daycare and signed a non compete agreement. It says I cannot work in another daycare within 50 of my daycare after I get terminated or quit. I quit without giving a 2 week notice. BUT one of my friend working there was on here maternity leave while the agreement. When she came back, she didn't have to sign it and never got let go. Now, she has quit and is working at another daycare. No legal actions taken against her. Now that I have quit, a month later...my old daycare is taking legal actions against me for working at another daycare the day after I quit. Not waiting 3 months, within 50 miles. Also, an employee there before I was going to quit was pregnant, leaving to make her own home daycare. The employers knew this, letting her doing so. Is this fair?
It is not a matter of fairness, but one of contract. If you signed this non-compete when you started to work there, then if the time and geographical limits are reasonable then you are stuck. They must feel pretty comfortable in their position if they are bringing a legal action. You need to immediately retain an employment or business litigation lawyer to assist you and defend you. Go over all the fact with this attorney to see if you have a decent legal defense.
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Mr. Fromm is correct. Whether the non-compete is enforceable depends upon the language of the contract and restrictions. There is always informal ways to get released from the non-compete if the former employer is amenable.
Feel free to contact me regarding this.
Whether a non-competition agreement is enforceable or not does NOT simply depend on the terms of the agreement.
Every state has enacted laws that place LIMITS on the contractual right of employers to prevent their former-employees from competing against the employer. Each state has its own rules on the matter.
You need to speak with an employment attorney registered to practice in Wisconsin. And read the following first: http://goo.gl/TTwd . Good luck.
