Non-compete vs. Self-Employed

I signed a non-compete clause as part of "employment agreement" to be a "strictly commissioned employee" selling advertising. I want to go into business for myself, however, I fear the agreement will forbid me. One loop hole I am interested in, I never recieved a copy of the signed agreements as promised, and a different part of the agreement was violated by my employer. I also think that the geographic limitations of the agreements are not realistic, my old insurance agency ask for 2 years, but only 20 miles, my current employer wanted 40 miles. Is forty miles too much? Does such a clause prevent me from starting my own thing, or just from doing something with an existing competitor? Can I get out of it because I was never presented a copy? How dis-similar do our magazines have to be to comply with the clause? And what could be the result of an angry ex-employer who has suffered loss? I will not and have not used any information that isn't common knowledge, no need for customer lists, rates and contracts of no concern to me, we are really in two different leagues, same basic target market, any thoughts?

1 answer  |  asked Oct 7, 2003 10:09 PM [EST]  |  applies to Florida

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Bonnie Riggens
Noncompete v Self Employed

It is impossible to determine whether your noncompete is enforceable without reviewing the agreement. Send a letter by either Fed Ex or Certified Return Receipt to your employer asking for a copy of the agreement within 10 days. In your letter, state that if you do not receive the requested copy you will assume that no such agreement exits. If your employer provides you with a copy of the agreement, have it reviewed by an attorney immediately.

posted by Bonnie Riggens  |  Oct 7, 2003 10:21 PM [EST]

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