Ho binding is a no compete clause in Iowa
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Ho binding is a no compete clause in Iowa
I worked for a company for 10 years went to work for another 80 miles away for 10 months. Not what he had promised and I want to go back to the old company. How much trouble will this cause me?
Asked on July 15, 2016 under Employment Labor Law, Iowa
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you signerd a valid non-compete agreement, then you can be held to it regarding your work for any competing employer, even your former employer. And if you breach this agreement, you can be sued and forced to quit. Perhaps it is time to speak directly with a local employment law attorney who can review it. Possibly they can have the agreement nullified (made uneforceable) by a court due to: overbroad geographic restrictions, excessive length time it's in effect, lack of consideration, etc.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
A non-competition agreement is enforceable as per its plain terms: if the terms of the agreement will prevent you from going back to your former employer, then you can't return to it: if you do, the current employer can sue you for monetary compensation and/or for a court order forcing you to stop working for the former employer. The fact that you used to work for the other company does not mean that the non-compete does not apply.
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 AttorneyPages.com 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.