Non-compete agreement re: inability to "bid"

My husband works in a very specialized
field as a consultant. There are only
3-4 other companies who operate in this
field. He signed a non-compete agreement
9 years ago which says he cannot "bid"
against his prior employer (a Seattle-
based company, now owned by a larger
conglomerate in Florida) for two years
after termination of employment. No
other agreement has been signed. Is
this strictly interpreted by the courts?
Can he go into business for himself if
he does not need to bid to obtain work?

2 answers  |  asked May 22, 2001 6:52 PM [EST]  |  applies to California

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Answers (2)

Samuel J. Wells

I would need to see the agreement. It may have a provision which states which state's law will be applied. Further, if he is going to be working only in California, he probably has a better chance of beating it. If he is going to be competing nation-wide, one probably has to look at the law of each state.
Sam Wells, 310-207-4456.

posted by Samuel J. Wells  |  May 23, 2001 8:34 PM [EST]
Janet M. Koehn

it depends on where the agreement will be enforced. in california, noncompete agreements are by and large, void as against public policy. your husband needs to consult with an attorney experienced in this area. please call me at 805-658-0655 for a consultation.
janet m. koehn

posted by Janet M. Koehn  |  May 23, 2001 11:03 AM [EST]

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