Non compete

I signed a non compete 18 years ago as part of a promotion to outside sales. 10 years ago in order to stay with the company I had to take a demotion and give back everything I received as part of the promotion. I believe the non compete is unenforceable due to no mention of geographical area. They are demanding to know where I am going, what my job title and duties will be. Do I have to give them this information?

1 answer  |  asked Jun 12, 2018 6:04 PM [EST]  |  applies to Wisconsin

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Jeremiah Meyer-O'Day
If it is true that the non-compete you signed contained no geographic restriction, it is very likely unenforceable, unless your employer can claim that a nationwide restrictive covenant is reasonably necessary to protect their legitimate interests, which are not the same as all of their business interests; for instance, every business has an interest in not having competition at all, but that is not a protectible interest in many cases. I don't see that you're any obligation to tell them anything at all if you have left them or will shortly be doing so, but you may want to consult with an employment lawyer to see what it would cost to have that lawyer draft you a letter on the lawyer's letterhead to your employer explaining exactly why the non-compete isn't worth the paper it is written on, if it is true that a nationwide geographic restriction is not reasonable, as it likely isn't.

posted by Jeremiah Meyer-O'Day  |  Jun 12, 2018 9:34 PM [EST]

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