How is a non-compete enforced?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How is a non-compete enforced?
I have a non-compete agreement that I believe is poorly written. I work for a logistics company, that acts as a broker for full truckload freight, and I want to start my own company and work for myself. My non compete states I can’t solicit current business for 12 months, but can that stop me from creating my own company?
Asked on July 29, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Most states have laws discussing "non-compete" clauses where they are strictly construed against the person who wants to enforce the clause. These clauses are typically enforced when someone sells a business and its "goodwill" for a certain duration and within a reasonable geographic area.
Most states hold a non-compete clause unenforceable between an employer and a former employer unless something of significant value is given for the non-competition agreement. If you start your own company and advertise in a normal manner your actions in my opinion would not be in violation of the restriction of soliciting current business from your employer. If current customers from your employer come to you on their own, so be it.
Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Most states have laws discussing "non-compete" clauses where they are strictly construed against the person who wants to enforce the clause. These clauses are typically enforced when someone sells a business and its "goodwill" for a certain duration and within a reasonable geographic area.
Most states hold a non-compete clause unenforceable between an employer and a former employer unless something of significant value is given for the non-competition agreement. If you start your own company and advertise in a normal manner your actions in my opinion would not be in violation of the restriction of soliciting current business from your employer. If current customers from your employer come to you on their own, so be it.
Good luck.
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.