How is a non-compete enforced?

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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 10 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 10 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.


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