My Old Employer Turned Me Down for Advancement and Their Competitor wants to Hire Me. I have a non-compete.?
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My Old Employer Turned Me Down for Advancement and Their Competitor wants to Hire Me. I have a non-compete.?
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I left my old employer 6 months ago after I interviewed for and was denied the position of sales manager. I have a non-compete that I signed as an account rep. Their competitor now wants to hire me as a sales manager, the job my old company turned me down for, and my non-compete is very broad and doesn't specify this scenario. My attorney thinks I should be okay. I have a good relationship with my old employer and don't think they'd sue. Do you think I have a good legal argument to take the position since my old employer denied me the sales manager position?
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michr
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in general non-compete clauses are unenforceable and in some states outright illegal (unless you dealt with proprietary information/trade secrets).....
your attorney is correct you don't have to worry about this issue, good luck in the new job. |
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Bedford S
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They might sue, so ask your possible new employer if they will defend you in a non-compete legal action. What ever your argument for leaving does not override the non compete contract you signed. |
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Tac One
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Does the non-compete state how long it is? The way I see it, if they don't know then you can do what you want. Be careful though, make sure you don't tell the new place any of your old companies business practices. |
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malica
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Was their no time limit on the non-compete clause? Most state a specific time frame (usually greater than a year). I don't see why the details of the scenario would make any difference in this case; non-compete clauses are usually intentionally general to cover all scenarios. |
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John P
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Ask your new employer to call the old employer and explain the situation. I would bet the old employer would approve it, if he doesn't it is just as well you left, now you know why you would not want to continue employment with him. |
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kapn
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Call your old employer.........be pleasant. |
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PUMPKIN
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They wont waste money sueing you. If you left your old employer than you arent bound to anything anyways. It would never stand up in coart. I mean, what, do they expect you to be their slave, never leave for another job somewhere else?!?!? |
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