Non-compete issue

My wife worked as a sales rep for one year with a local radio station. After she began with the radio station she was asked to sign a contract that included a non-compete amongst several other things. The non-compete apeared to include a justifiable area (50Mi) and lenght (6 Mo).

3 months ago, she quit, and we lived off of my salary alone as she adjusted to married life, settled into our new house, etc.

A job became available to sell for a T.V. station. She went through the interview process, and before an offer was extended, she called the old radio station manager to inquire about the non-compete. He told her that he has to watch out for the best intrest of the station, but if he was her, he would go for the job. He wished her good luck, and that was that.

She then provided a copy of the non-compet to the T.V. company, and they read it, and then extended her an offer.

The following day, she gets a call from the T.V. station asking for something in writing from the radio station. They understandably won't give it to her. Now the T.V. station has pulled the offer, and is reviewing the situation.

Should we be concerned about the non-compete?

1 answer  |  asked Dec 10, 2004 1:54 PM [EST]  |  applies to Illinois

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Answers (1)

Aaron Maduff
Non-compete issue

You do have to be concerned about the non-compete. In our experience, ost non-compete's are invalid for one reason or another. But often, regardless of their validity, we have been known to negotiate with the former employer to get what the new employer needs. Occasionally, where the non-compete is not valid, we can file an action to have a court declare it to be invalid which will alleviate the concerns of the new employer. But I would have to see the non-compete itself and know something abou the two jobs (e.g. specifically what she was doing, how long she was off of work, would she be doing work with any of the same clients, etc.). This is case that you should probably review with an attorney. Feel free to call our offices at 312/276-9000 or any of the other fine employment lawyers listed on this site.
Aaron Maduff

posted by Aaron Maduff  |  Dec 13, 2004 08:15 AM [EST]

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