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oh this was the one for a few weeks ago but i forgot it...so


zapan
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razor's!  

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Nap! you did haha.

Ok so yeah my current employer did make me sign a non compete thing. But I treat grass with pesticides for them.....I'm going to be mowing. Also I heard there are ways around this document because it's basically saying you cant work in this field unless you do it for us. Kinda like telling me I can't work:/

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When I bought my pool route I had the guy sign a non-compete. It was simple and he was more than willing, he even said put down i wont come into those developments for 100 years if you want. But I thought 5 years is fair. Also, make sure its clear on what it is.. 5 years of no compete for grass service - which is and includes: Cutting of Lawns, Trimming Bushes, Hedges and Weed Whackin all as part of regular weekly lawn care.

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Nap! you did haha.

Ok so yeah my current employer did make me sign a non compete thing. But I treat grass with pesticides for them.....I'm going to be mowing. Also I heard there are ways around this document because it's basically saying you cant work in this field unless you do it for us. Kinda like telling me I can't work:/

Yea in my experience those things never stand up. You can check with your state government, because many states have specific laws governing the type of work that can be covered by a non-compete agreement.

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Nap! you did haha.

Ok so yeah my current employer did make me sign a non compete thing. But I treat grass with pesticides for them.....I'm going to be mowing. Also I heard there are ways around this document because it's basically saying you cant work in this field unless you do it for us. Kinda like telling me I can't work:/

There are many factors that go into this and I won't pretend that what I'm about to say constitutes sound legal vice, but here are some things to think about.

1. The court will want to know whether the non-compete was reasonable in scope. That means it has to have a finite and reasonable period of time defined (generally 3 years or less is reasonable, 5 max) and also must define a reasonable geographic scope (this can vary with industry- it could be on the neighborhood level or could be 100 miles). So the specific language of the non-compete clause is important because if the court feels the terms of the agreement are egregious, it will not inforce it.

2. The court will look at what sort of "unfair" "advantage" your employment of this company gave you, and whether that entitles your former employer to damages. For example, if working for your current company put you into touch with top decision makers for several large properties, and you then leverage those same relationships to solicit your own business, that could be perceived as unfair business practice.

3. The court will likewise look at what steps the employer took to protect any information it states is privileged. For example, if your employer acuses you of robbing its customer list, a valid defense could be "but the customer list was stated publicly on their website!" If an employer accuses you of stealing a secret receipe, a valid defense could be "they never told us the recipe was secret" etc.

4. The court will also look at what was given to you in exchange for signing the non-compete. In your case, it sounds like you were given employment in exchange for signing the document, among other things, so they have satisfied this requirement. But, for example, if you hadn't signed on already, and they had you sign one as a formality after you announced you were quitting, it would not likely be valid unless you were also offered severance.

To apply some of this to what you said.. let us say you have signed a legitimate non-compete agreement, and you decide to solicit those same customers you currently service, to mow their lawn. If that is a service your current employer does not provide, then the non-compete is irrelevant. If he does offer those services, though, then it is relevant.

Then you ask questions like will he be willing to endure the cost of a lawsuit to seek recovery, etc.

Now let me bottom line it. In my situation, there was no non-compete agreement, and the court still ruled against me. Why? Bad judge. That's the reality of it. This is at least 25% crap shoot based on the judge's mood, and the other 75% is mostly money (which I presume your employer has more of). So regardless of who has the better argument, you really just don't want to put yourself in a position where you might be dealing with litigation.

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