1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Non-compete Enforcement

Discussion in 'General HR issues' started by vineet12345, Mar 5, 2015.

  1. vineet12345

    vineet12345 Member

    Messages:
    106
    Likes Received:
    25
    Trophy Points:
    28
    During the period until one year following the termination of your employment for what so ever reason, you shall not directly or indirectly solicit the business of or provide any software engineering, consulting or programming services to any customer of the company (regardless whether or not you personally dealt with that party during that employment) or to any customer (or end user of any customer) of the company for which or for whose benefit you provided services during your employment.

    Hi Ron..

    Above is the non-compete I have signed with my employer.
    The issue is that the current customer that I am working for was found by me and introduced to my employer by me.
    In such a scenario can my employer enforce non-compete, after I leave him, claiming the customer to be 'HIS customer'
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    It depends on state law governing the contract. In most instances, a non-compete may only be enforced if consideration was offered in return for it.
     
  3. vineet12345

    vineet12345 Member

    Messages:
    106
    Likes Received:
    25
    Trophy Points:
    28
    The state is Florida.
    I did not get what it means by 'consideration being offered'.
    In my case the restriction is not to work for 'HIS' customer for one year.(The employer never knew about the customer before I introduced him and brought business)
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Consideration means that the employer gave you something extra in exchange for limiting your right to work for whomever you want. Most states do not like non-compete provisions and do not enforce them. Southern states, however, still haven't recognized the Thirteenth Amendment and are a bit slow to follow the rest of the country. You need to speak with a labor or contract attorney in Florida.
     

Share This Page