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  1. #27
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    Dec 2008
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    I spoke to a lawyer about a non compete clause. He told me that even if i sign one, they are almost impossible to enforce. If you are a refrigeration mechanic lets say, and that's the only skill you have to earn a living, nobody can stop you from providing for your family. He said they almost never hold up in court if it comes to it

  2. #28
    Join Date
    Nov 2006
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    Southeastern Pa
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    Quote Originally Posted by LKJoel View Post
    I spoke to a lawyer about a non compete clause. He told me that even if i sign one, they are almost impossible to enforce. If you are a refrigeration mechanic lets say, and that's the only skill you have to earn a living, nobody can stop you from providing for your family. He said they almost never hold up in court if it comes to it
    I see you are in Canada.

    The enforceability of any contract depends on its adherence to contract law and the resulting case law in any given jurisdiction. In some places, a noncompete may indeed be functionally unenforceable. In other places, it may be nearly ironclad.

    For example, let's say you are a TV news host in a market with four TV stations. Your noncompete states that you have a period of one year after working at the TV station where you have signed the noncompete before you can work for any of the other stations in that market.

    BUT, you ask, it is my only skill, and I cannot feed my family!

    The relief is to seek employment in another market that is beyond the scope of the noncompete. This moving to anther city is considered "normal and customary" for a TV news host.

    This is why it is important to get guidance form someone who represents YOU, and practices in the jurisdiction in question, rather than trying to get legal guidance from a thread on the internet.
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  3. #29
    Join Date
    Dec 2008
    Location
    Ontario Canada
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    Quote Originally Posted by timebuilder View Post
    I see you are in Canada.

    The enforceability of any contract depends on its adherence to contract law and the resulting case law in any given jurisdiction. In some places, a noncompete may indeed be functionally unenforceable. In other places, it may be nearly ironclad.

    For example, let's say you are a TV news host in a market with four TV stations. Your noncompete states that you have a period of one year after working at the TV station where you have signed the noncompete before you can work for any of the other stations in that market.

    BUT, you ask, it is my only skill, and I cannot feed my family!

    The relief is to seek employment in another market that is beyond the scope of the noncompete. This moving to anther city is considered "normal and customary" for a TV news host.

    This is why it is important to get guidance form someone who represents YOU, and practices in the jurisdiction in question, rather than trying to get legal guidance from a thread on the internet.
    Of course, every market is different

  4. #30
    Join Date
    Nov 2001
    Location
    Seattle, WA
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    It's the contract that you sign and agree to that is also legal that counts in pretty much any free nation that you live in. The contract can be enforced very easily if the previous employer can show that you have been soliciting his present customers on a consistent and regular basis. And that in doing so you could have stated negative things about his company and that you took his ordinary business away from him. It's relatively easy to do especially if he get feed back from a varied source of customer that you are making first contacts and/or taking actions to acquire them as his customers.

    Also if his old customers actually have work done by you within the agreed upon time frame and distance that is specified in the contract your old employer can ask for and get that amount of money from you plus damages plus any punitive amounts the court see fit if asked for by your old employer.

    The contract between you and he must be reasonable in distance and time frame. For instance he can insist that in order for him to hire you and you leave you cannot actively pursue his customer base within a 50 mile radius and/or for one year.

    But he cannot stop you from replying to his existing customers if they contact you in place of contacting him; or that you create new customers within that 50 mile radius; or that falls past the expiration of the time agreed upon.

    Bottom line is no one is going to come after you for one or two customers. But if you show a pattern of going after his customers and taking business from him who would not come after you?
    "The American Republic will endure until the day Congress discovers it can bribe the public with the public's own money.
    - Alexis de Toqueville, 1835

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