Validity of Non-Compete

I have a non-compete in place with a national consulting firm. During the course of my employment I was asked to sign an additional non-compete. For doing so I was able to continue employment but not receive any additional consideration. The non-compete specifies that I am a vice-president. Since signing the non-compete I have been promoted to president of a division of the firm. I have learned that others working for the firm do not have non-competes in place. The period of non-compete is two years after termination. There is no geographic restriction on the non-compete. Certain very general consulting services are named as restricted services in the non-compete. Are any of these issues or concerns sufficient to make the non-compete invalid? Please advise.

1 answer  |  asked Nov 17, 2002 8:50 PM [EST]  |  applies to Indiana

Answers (1)

Brenda Franklin Rodeheffer

No employment question is as fact-sensitive as enforcement of non-competes. Two things might effect the validity of yours: the failure to have a geograpic restriction and the nature of your expertise. You really need to pay counsel to sit down and discuss all the facts, particularly what your duties are, what the company does, what the competition is, etc.

posted by Brenda Franklin Rodeheffer  |  Nov 18, 2002 3:46 PM [EST]

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