90 day Non-compete. Can I get out of it-I am an independent sales rep

I have worked for a large business magazine for 9 years as an independent advertising sales rep and am not an employee of the firm. I am on a 100% commission compensation. I just resigned and was hired by another large business magazine as in independent advertising sales rep. My contract states either party may terminate the contract without cause on ninety days notice. It says that during the agreement I cannot sell any advertising that is competetive to their publication. It says that the agreement can be changed if there is written notice. I have just received word they will not amend the contract nor let me out of the 90 day agreement because I am going to a competitor. My contract states specific countries (I will not be working in those countries in the new job). In addition, I am the main earner for my family as my husband had been out of work for 2 years and we have 2 small children. He recently got a job 4 months ago. Do I have any chance in contesting this?

1 answer  |  asked Feb 22, 2011 6:36 PM [EST]  |  applies to Connecticut

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Daniel H. Schneider
In general under Connecticut law, a non-compete agreement is enforceable if it reasonable as to length, geographical scope, and type of position that you are prohibited from performing.

I should say two additional things. Different states, and especially different countries may have different criteria for enforcement of the agreement. Especially as to other countries, even if Connecticut would not enforce a provision, or even if you got a judgement from a Connecticut Court saying the provision was unenforceable, another country's courts might still enforce the agreement and ignore the US Courts (especially if your employer is not located in the US, so that it could not be bound by an injunction not to sue you elsewhere to enforce the agreement, for instance).

Further, even in Connecticut other factors might influence whether a Connecticut court would enforce the agreement, such as why you left your former employer.

I would be willing to discuss with you the issues of your non-compete agreement further. I can be reached at (203) 874-0030. My e-mail address is: Daniel@Schneider-law-firm.com. I do not charge for initial consultations.

Very Truly Yours,

Atty. Daniel H. Schneider

posted by Daniel H. Schneider  |  Feb 22, 2011 10:57 PM [EST]

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