are there any mitigating factors which would nullify the employers rights in a non-compete cause?

If an employer has impeded the ability for an employee to conduct business, because of lack of merchandise, lack of credit from distributors., lack of financial support to the running of the business, and general neglect of the business (which he owns)
and the employee having to buy merchandise out of his/her own pocket in order to continue servicing long held and lucrative accounts, then the employee quits and takes his accounts along with him to a new employer, is the non-compete clause enforceable?

1 answer  |  asked Jan 29, 2010 7:12 PM [EST]  |  applies to Massachusetts

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Judith Miller
Whether a non-compete agreement is valid depends on many factors such as whether it was signed at the time the employee began working, whether the employee changed jobs and did not sign a new non-compete, whether, based on the language of the agreement, the two businesses are actually competing. In addition, your agreement may include a non-solicitation provision which allows you to compete with your former employer but does not allow you to solicit your former employer's clients. Thus, whether or not your agreement is enforceable depends on the specific language of the agreement and the specific facts of your former employment and your new job.

posted by Judith Miller  |  Jan 30, 2010 05:45 AM [EST]

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