I'll go against the popular answer here:



That non-compete may well be very enforceable. I've seen this via personal experience.

Sales guy was terminated (wrongfully, but that's another story).

Sales guy went to work for another local company.

Sales guy was taken to court so he had to spend the money defending himself.

Sales guy lost, so the new company had to let him go.

Sales guy was out the money AND the new job.


It all depends on the particular judge, and the particular lawyer, whether it would be enforced. But, regardless, it can be costly to fight.

I wouldn't suggest taking the advice of anyone here regarding the validity of your specific non-compete document. None of us has seen the document, and none of us knows in which state you reside, so any opinion from anyone here, is going to be worth what you have paid for that opinion.

Hire A Pro! In this case, that is a lawyer. He will be able to guide you as to what the non-compete is attempting to limit. He will then be able to give you an analysis of the law, and their legality in doing so. At least you'll be informed.

Did you sign it 20 years ago? As for hiring a pro, lawyers are just like any other profession, and they too fall under the 80/20 rule, so expect to dump $150-300 for arbitrary, worthless advice.

Thanks for all the responses. To answer a few questions.

I have expressed some of my concerns.

Non compete does have time and distance values, but also casts a broad and intentionally vague net.

Reluctantly sighed a few years ago when it was implemented. Due to personal reasons at the time I was not in a position make a change. Had 48 hours to make a decision.

This has been enforced several times but never challenged.

It was implemented to protect the company, but I think it has done more harm then good. Created a lot of resentment, and limited the amount of talent available. We have had a hard time finding qualified people, and in my option, people with talent don't want to chance it here because if it doesn't work out they can't leave and go somewhere else.

Was not looking for "legal" advice here, not really sure what I was looking for. I have given over half of my life to this company/ industry, and it pains me to be in this position.

I also agree that I am at the limit of what I can make here. Even though this is not the reason I am writing this, it is sad that I am worth more others than the company that I helped build.

You might consider coming to Texas, crap load of work to be had for a qualified guy.

Houston area is booming with all of the oil companies moving there headquarters here. Might be time for a change........

PM me and I can introduce you around to a few people if you are interested.

Might be time to look outside the box.

Where approximately are you?
How far are you interested in moving?
What experience do you have?
How much are you looking to make?
Is your heart in this industry or not?

This is exactly right.  Non-Compete agreements are not enforceable.  You need to be able to make a living in the industry that you are trained in.  

Non-Compete agreements are to prevent you from walking out of their building with 2000 of their customers, potentially putting them out of business, because you walked out the door.

Your current employer doesn't care if you work for someone else, just don't share any proprietary information, and don't under any circumstance show up at one of their customers home/business.  

Other than that, you're free to be miserable wherever you want. 


 

Probably holds even less water than if you had signed it when first hired.


It's the boogie man. Once someone flips the light switch on it goes away.


It was implemented by paranoia. Typical "if i can't have her no one can" thinking that leads to murder suicide in relationships.


If you want to make decent money in this industry you have to move near a heavily populated area or a niche market with fewer but wealthier people.

This thing really got you spooked. I'd love to read it.

It's actually pretty simple. Follow these rules whether or not you sign something:

1. Don't steal clients, employees, or stuff
2. Quit, but let people know you're leaving to start your own deal.
3. If client or employee starts a conversation about work/work, then you can continue conversation.

If they have language in this thing you signed, likely under duress, where you cannot work in your biz in your home market, it will be laughed out of court.

But also consider, some owner or higher up probably read a magazine article or came back from some mucky muck meeting and thought 'Yeah, we need a Non-Comp!' Or somebody quit and the Co. got screwed. So they, or somebody they delegated to, wrote up a Non Comp 'agreement' likely without consulting counsel. So a lot of language is vague when not being overly unlawful.

I've seen it happen before.

Yes, they could sue you. I could sue Mac for not putting more pictures of kittens on my website. I still might unless he pays me $50. You could probably sue them for this fubared and unrealistic non-compete signed under duress that has you terrified.

(None of this advice shall be considered legal advice even though it is awesome. Before any further action. retaining counsel is the best recommendation. Especially counsel with a bad attitude and good sense of humor.)
 

lol...................

Done.

Not enough Kittehz.