Can my 2nd employer enforce the non-compete against my 1st employer?

I went to work for TCi in Apr '11 as a Business Development Manager to grow the trailer repair business. I signed a non-compete agreement with them upon acceptance of offer. In December 2011, I was approached by Bob Sumerel Tire Co. and was offered the position of Dir. of Mechanical Svcs to improve their trailer repair business. Sumerel Tire being a much smaller company decided they weren't ready for my position and terminated my employment on July 26, 2012. TCi, rehired me for the BDM position. I received a letter today stating that Sumerel would take legal action because I was in violation of the non-compete. My whole career has been in the transportation business, this is all I know, I feel they are limiting my ability to find gainful employment enforcing their noncompete saying I cannot be employed by any competitor in any fashion for 2 years. Had I known all of this, I would have stayed with TCi and never went to Sumerel in the first place! Please help!

1 answer  |  asked Aug 20, 2012 09:36 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
It is not clear if you signed a non-compete with Sumerel Tire. If so, normal non-compete law would apply to it, and it could, if otherwise reasonable and necessary to protect Sumerel's legitimate business interests, restrict you from returning to your old employment.

I recommend that you consult with a non-compete lawyer to see if the Sumerel non-compete has enforceable restrictions that will interfere with your return to your old employer.

posted by Neil Klingshirn  |  Aug 20, 2012 09:43 AM [EST]

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