Non-Compete - Same Industry, different location/customer base

I work in the staffing industry. I had to sign a non-compete agreement in order to be hired at a small private firm to sell our services to companies seeking office/admin. assistance. The agreement stipulates basically I cannot work for another competitor for 6 months after leaving, within a 15 mile radius from the office where I was employeed.

Over the course of 3 months it's obvious the company is in bad financial shape-they've let 2 ppl. go, and reduced the salary of someone else.
I am a widow with a mortgage, and need to work. I have been offered a job with another staffing firm MUCH closer to home, and much more stable company.

I'm feeling the non-compete would not be violated because I would not be selling to ANY of the same customer base I was selling to in my prior job, AND the company I plan on going to staffs for light industrial, NOT office admin.

Do you think I can be successfully sued???

1 answer  |  asked Oct 1, 2005 7:58 PM [EST]  |  applies to Illinois

Answers (1)

Anthony Cameron
Spend a few dollars...

...and show the agreement to an empoyment lawyer in your area. It looks to me like you have some advantages. First, your current employer seems to be short of funds. They would have to pay a lawyer to pursue the non-compete. Second, you appear to be in the Second Appellate District of Illinois where the severing employee doesn't do badly.

As I've said in this forum before, the worst strategy is usually just to go ahead and make the change, hoping you don't get sued. Sometimes your lawyer can write the original employer and simply explain why the new job isn't a violation and that will put it to rest.

Get an opinion and a strategy from someone who has the agreement in front of them and has time to hear your version of the old job vs. the new job.

Good Luck!

Anthony B. Cameron

posted by Anthony Cameron  |  Nov 13, 2005 7:34 PM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?