Is non-comp agreement enforcible (manual labor)...

I work for company "X" that has contracts to provide assembly services for several retail establishments. You, as a retail customer would purchase an item, then either you or the retail store would contact our company to come to your home/office to put it together for you.

We do not solicit customers directly - they (usually) contact us.

The company has recently gone through many changes and my rate of pay (I am paid 'by the piece') has been drastically deduced by more than 60% and now I am contemplating starting my own business in this field ("why, if it seems to be failing?" - the new management have begun to price themselves out of the market - - there is a big demand for the service and not a lot of 'major' competition).

I signed a non-comp agreement when I started 4 years ago stating that I would not work for another similar company for 1 year.

I honestly do not remember the exact terminology - but my problem is...I'm good at this, I make my living out of this. It requires NO technical experience, NO special training, NO special tools - it's very simple work.

My question is - should I begin my own business and DO NOT actively solicit company "X"'s customers in any way - I would put my name "out there" and allow the customer to contact me - could company "X" have recourse to stop me?

1 answer  |  asked Aug 25, 2006 01:52 AM [EST]  |  applies to California

Answers (1)

George Allen
Generally Not Enforceable

Agreements not to compete are generally not enforceable in CA. However, a former employer may prevent you from using trade secrets in competition. These are complicated questions, which you should sit down and review with an experienced attorney.

posted by George Allen  |  Aug 25, 2006 12:09 PM [EST]

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