A friend starts selling services you have sold can I give unpaid advice?

I recently left a company that I had a Non-compete and a severance contract. I have a friend that owns a business and the services I used to sell are vertical to his marketplace. If he asks me questions or I give him advice does that break my Non-compete. He got interested in the services in conversations we had. Also, I will derive no financial benefit or be his employee what so ever.

1 answer  |  asked Oct 2, 2002 5:58 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
What the Non-Compete Says

It would be impossible for me to say whether advising your friend would violate the non-compete without seeing the agreement.

Incidentally, non-competes are very much disfavored in New York. Depending on the exact terms of the agreement, and the exact severance pacakaged you received, the non-compete may not be enforceable.

Employers, particularly in the health care and IT areas, are increasingly using agreements with non-competes, even though any corporate attorney worth his or her salt would know the non-competes would probably be unenforceable. Raises interesting questions about corporate ethics, doesn't it?

posted by David M. Lira  |  Oct 3, 2002 09:21 AM [EST]

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