Am I breaking the non compete that I sign?

UPDATED: Sep 30, 2022

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Am I breaking the non compete that I sign?

I sign a non compete with a soccer training organization. This organization lost a
contract with a club resulting in me losing some incomes. The organization could
not cover my lost of in the eminent futur. The club who broke the contract are willing
to keep me training but wouldn’t reach to me because of my non compete. What
would happen if I take the job? I am not competing with my boss, I didn’t try to take
business away from him,he lost the contract and I didn’t cause it. He did. I am even
ready to give my boss a percentage of that income. What would be the legal
ramifications of me taking that job?

Asked on March 15, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

A non-compete is a contract. Like any other contract, it is interpreted and enforced according to its plain terms. What do its terms say about this situation? If you would doing something the agreement says in plain English that you can't do, you would be violating the non-competition. If you are, you could be sued for monetary compensation (e.g. for your wages earned in breach of the agreement) and/or for a court order barring you from the job.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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