What contitutes the violation of a non-compete agreement?
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What contitutes the violation of a non-compete agreement?
I’ve been working for my company for 2 years and my ex-girlfriend was in a similar line of business and then decided start her own business. All of her company mail still goes to my address and is registered at my address but I am no way associated with her company. I have a non-compete clause with my company. Could this pose as a problem for me?
Asked on May 3, 2013 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
What exactly does your non-competition agreement--which is a contract, and therefore is governed by its specific terms--say? If it says, for example, that you shall not assist any competitors or anyone in competing, then allowing your ex-girlfriend's businss to be registered at your address and her business mail to go your address could easily be a violation of it: you would be providing assistance.
Also, as a practical matter, if you have a competing business registered at your home and its mail going to you, it may be very difficult to prove that you are not more substantially involved (e.g. performing work or consulting services for it). It would be best to correct this situation and sever all relationship with the competitor.
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