Answers Posted By James Becker, Jr.
A noncompetition agreement can be enforced in Tennessee if it is reasonable. A lot will depend on the language of the noncompete, what you did and knew and what you are receiving in exchange for signing the agreement. In order to get any more conclusive answer as to the agreement's enforceability, you will need to sit down with a lawyer and the noncompete agreement.
answer to Does a non-compete under New York law apply in all states? posted Oct 5, 2009 12:06 PM [EST]
answer to Does a non-compete under New York law apply in all states? posted Oct 5, 2009 12:06 PM [EST]
Noncompete enforcement
A large part of your answer depends on where you are working. If you were working in California, then California law would apply to the enforcement of your noncompete agreement. If you are working in Tennessee, then Tennessee law should apply to your situation.
In Tennessee a non-compete agreement is generally enforceable if the conditions for enforcement are met. However, if you are not treading on your former employer's turf, most likely it will not pursue an action against you.
You need to consult with an attorney anytime you have questions about a contract. [Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
answer to Is it Non compete if do same job but not competing? Also company sold to new company. posted Jan 18, 2005 3:31 PM [EST]
A large part of your answer depends on where you are working. If you were working in California, then California law would apply to the enforcement of your noncompete agreement. If you are working in Tennessee, then Tennessee law should apply to your situation.
In Tennessee a non-compete agreement is generally enforceable if the conditions for enforcement are met. However, if you are not treading on your former employer's turf, most likely it will not pursue an action against you.
You need to consult with an attorney anytime you have questions about a contract. [Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]
answer to Is it Non compete if do same job but not competing? Also company sold to new company. posted Jan 18, 2005 3:31 PM [EST]
Americans with Disabilities Act
Your husband's situation may be covered by the Americans with Disabilities Act ("ADA"). It sounds from your description like he was treated differently than others and subjected to different conditions of employment. If your husband would like to set up a consultation, please contact us at jbecker@cronemason.com.
answer to terminated- elimination for position, cover up for disability? posted Jan 14, 2005 3:18 PM [EST]
Your husband's situation may be covered by the Americans with Disabilities Act ("ADA"). It sounds from your description like he was treated differently than others and subjected to different conditions of employment. If your husband would like to set up a consultation, please contact us at jbecker@cronemason.com.
answer to terminated- elimination for position, cover up for disability? posted Jan 14, 2005 3:18 PM [EST]
Shift work response
You may be entitled to overtime, but it depends on the specifics of your day-to-day job duties, your experience and education. Whether or not an exemption applies has very little to do with the job title and more to do with how your work is done. If you would like to schedule a free consultation on this issue, please contact me at jbecker@cronemason.com.
answer to Shift work. posted Aug 23, 2004 3:24 PM [EST]
You may be entitled to overtime, but it depends on the specifics of your day-to-day job duties, your experience and education. Whether or not an exemption applies has very little to do with the job title and more to do with how your work is done. If you would like to schedule a free consultation on this issue, please contact me at jbecker@cronemason.com.
answer to Shift work. posted Aug 23, 2004 3:24 PM [EST]
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