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This is a brilliant balance of legaleze and real worldeze that I can understand. Even looking up "duty of loyalty" in my jurisdiction opened up more information
There's many factors that are weighed when evaluating the strength of a non-compete. That question is difficult to answer without actually seeing the agreement. With that said geographical boundaries and the nature of the company's business vs. the restriction of the non-compete itself are highly relevant. If you are looking for a complete evaluation you should speak to an attorney in the state that the non-compete applies to.
I’ve been at my company now for 2 years and am considering taking a much higher paying position (which wasn’t hard to do since my current employer pays really low especially for the area in which I live). I currently am an agricultural consultant and the position I am looking into would be an agricultural sales position. There would be a few similarities but it just seems to me that the position in and of itself is different enough that I shouldn’t have to worry about it being direct competition with my employer. The only thing in my opinion that would be direct competition is if I started my own consulting company or joined strictly a consulting company in the area. As far a proprietary information goes, I wouldn’t really be bringing anything as far as top secret information with me and the majority of the knowledge gained is actually available to the public via the internet. Am breaking the news to my employer next week so any advice would be helpful.
We definitely encourage you to speak with a business lawyer 1 on 1 to give you accurate information for your situation. If you are based in FL, we would love to speak with you. You can use this link to book a call with one of our business attorneys sbttlaw.cliogrow.com/book. Looking forward to speaking with you!
Hi! My Non-compete says same services - Retirement Services Specialist - and I plan to switch to a Compliance Role at another Company. Then the non-compete doesn't apply, right? Thanks.
I am a tailor , sole proprietorship small business owner. I work with fabric store 3 + years and now I am starting my business LLC . The fabric store owner hand me Non Compete Agreement to sign ( to not compete for selling fabric within 20 miles radius). Can refuse to sign the agreement?
Yes you can refuse to sign the agreement but the fabric store owner may sever your relationship which may be permissible depending on the circumstances
Can you make a video regarding non-competes in Florida regarding nurse practitioners working in medical spas? I’ve heard of non competes for 2 years within a 10 mile range. Which personally I feel like it’s very harsh.
It depends on your agreement. It's hard to answer that without looking at the specific agreement. If you are in Florida, send us an email at info@sbttlaw.com and we'll set you up with a free consultation.
Generally speaking a non-compete between an employer and employee is designed to prevent an employee from engaging in a similar business as the employer. The parameters of the restrictions depend on the language of the particular agreement.
You're welcome. Most non-competes contain language that holds the signer to the obligations under the agreement even after the signer leaves the company. So yes, it's possible for you to be still liable but it depends on the terms of agreement. The agreement should specify how long after you leave that you have to honor the agreement.
NDA and non-solicit agreements can do the same thing without non-competes. The point of non-compete is just to limit competition in the market place. Despite all the great, creative advice of the attorney, you still have to hire one if you have non-compete despite all the loop holes. You still lose, especially if the company that is suing you has deep pockets. They can drag out the case and you will be paying attorney fees. Best thing you can do is not sign if. If we collective do that as employees we can get rid of this non-compete bullshit. I am okay with NDAs and non-solicit but not non-competes.
What happens if I signed the non compete last week but realize now that it wasn’t the best decision? The job doesn’t start until 3 months out. Can I rescind the non compete? Sigh
Hi Lisa, this depends on what the agreement says. If you are based in FL, send an email to info@sbttlaw.com for a free consultation with one of our business attorneys.
sooo, what do you do if you already have a business, like your very own business, but a competitor wants to hire you? would that make all of this void? I'm a dog trainer, but a huge company wants me on board with them, what does that mean for me?
It doesn't mean anything for you now, but they could make you sign a non-compete if you decide to join the huge company. Sounds like a great opportunity nonetheless!
I'm employed by a manufacturer I'm Minnesota but have an opportunity in Idaho for a different manufacturer of the same product. My current employer sells their products across the entire US. My potential new one only sells in the west coast. The product I sell in Minnesota is not available where the new employer is located but my noncompete says all of North America. Would something like this be enforced? Thank you in advance!
Geographic restrictions depend on your industry and what is considered a reasonable restriction will depend on the specific wording of your contract. Having said that, we are Florida attorneys so our expertise is in Florida law. An attorney in your state would be better suited to give you specific advice.
Want to talk to a business attorney 1 on 1? Use the link below:
sbttlaw.cliogrow.com/book
Want some free resources to help with your business? Visit our website below!
Website = www.sbttlaw.com/
Facebook = facebook.com/sbttlaw
Linkedin = www.linkedin.com/company/sbttlaw
Twitter = twitter.com/bryanttaylorlaw
Instagram = instagram.com/bryanttaylo...
Thank you for this concise and applicable information! Best UA-cam video about this topic I’ve found 👏🏽
Thank you so much for this! We're glad you found it helpful!
Thank you 🙏🏽
You're welcome!
We need petitions to support our cases in court. Many jurisdictions have to take public’s interests into account.
What if you’re not opening up a business? What if you are going to another job across the street with different services but same industry?
This is a brilliant balance of legaleze and real worldeze that I can understand. Even looking up "duty of loyalty" in my jurisdiction opened up more information
Thank you for the kind words!
What of the business gets buys leads and markets nationwide, and it (the agreement) does not have a geographical location boundary?
There's many factors that are weighed when evaluating the strength of a non-compete. That question is difficult to answer without actually seeing the agreement. With that said geographical boundaries and the nature of the company's business vs. the restriction of the non-compete itself are highly relevant.
If you are looking for a complete evaluation you should speak to an attorney in the state that the non-compete applies to.
I’ve been at my company now for 2 years and am considering taking a much higher paying position (which wasn’t hard to do since my current employer pays really low especially for the area in which I live). I currently am an agricultural consultant and the position I am looking into would be an agricultural sales position. There would be a few similarities but it just seems to me that the position in and of itself is different enough that I shouldn’t have to worry about it being direct competition with my employer. The only thing in my opinion that would be direct competition is if I started my own consulting company or joined strictly a consulting company in the area. As far a proprietary information goes, I wouldn’t really be bringing anything as far as top secret information with me and the majority of the knowledge gained is actually available to the public via the internet. Am breaking the news to my employer next week so any advice would be helpful.
We definitely encourage you to speak with a business lawyer 1 on 1 to give you accurate information for your situation. If you are based in FL, we would love to speak with you. You can use this link to book a call with one of our business attorneys sbttlaw.cliogrow.com/book. Looking forward to speaking with you!
Hi! My Non-compete says same services - Retirement Services Specialist - and I plan to switch to a Compliance Role at another Company. Then the non-compete doesn't apply, right? Thanks.
Loved the video! Very explanatory!
Glad you liked it!
I am a tailor , sole proprietorship small business owner. I work with fabric store 3 + years and now I am starting my business LLC . The fabric store owner hand me Non Compete Agreement to sign ( to not compete for selling fabric within 20 miles radius). Can refuse to sign the agreement?
Yes you can refuse to sign the agreement but the fabric store owner may sever your relationship which may be permissible depending on the circumstances
Can you make a video regarding non-competes in Florida regarding nurse practitioners working in medical spas? I’ve heard of non competes for 2 years within a 10 mile range. Which personally I feel like it’s very harsh.
We'll keep this topic in mind. Thank you for the suggestion!
What about telehealth? What about a position that promised you patients but there were only a few?
It depends on your agreement. It's hard to answer that without looking at the specific agreement. If you are in Florida, send us an email at info@sbttlaw.com and we'll set you up with a free consultation.
Does non disclosure agreement stop me to do the same business what my employer is doing ?
Generally speaking a non-compete between an employer and employee is designed to prevent an employee from engaging in a similar business as the employer. The parameters of the restrictions depend on the language of the particular agreement.
@@BryantTaylorLaw thanks for reply, Am I still liabale to non disclosure agreement even I have resigned from my company ?
You're welcome. Most non-competes contain language that holds the signer to the obligations under the agreement even after the signer leaves the company. So yes, it's possible for you to be still liable but it depends on the terms of agreement. The agreement should specify how long after you leave that you have to honor the agreement.
NDA and non-solicit agreements can do the same thing without non-competes. The point of non-compete is just to limit competition in the market place. Despite all the great, creative advice of the attorney, you still have to hire one if you have non-compete despite all the loop holes. You still lose, especially if the company that is suing you has deep pockets. They can drag out the case and you will be paying attorney fees. Best thing you can do is not sign if. If we collective do that as employees we can get rid of this non-compete bullshit. I am okay with NDAs and non-solicit but not non-competes.
What happens if I signed the non compete last week but realize now that it wasn’t the best decision? The job doesn’t start until 3 months out. Can I rescind the non compete? Sigh
Hi Lisa, this depends on what the agreement says. If you are based in FL, send an email to info@sbttlaw.com for a free consultation with one of our business attorneys.
Very helpful,
We're glad it helped!
sooo, what do you do if you already have a business, like your very own business, but a competitor wants to hire you? would that make all of this void? I'm a dog trainer, but a huge company wants me on board with them, what does that mean for me?
It doesn't mean anything for you now, but they could make you sign a non-compete if you decide to join the huge company. Sounds like a great opportunity nonetheless!
I'm employed by a manufacturer I'm Minnesota but have an opportunity in Idaho for a different manufacturer of the same product. My current employer sells their products across the entire US. My potential new one only sells in the west coast. The product I sell in Minnesota is not available where the new employer is located but my noncompete says all of North America. Would something like this be enforced? Thank you in advance!
Geographic restrictions depend on your industry and what is considered a reasonable restriction will depend on the specific wording of your contract. Having said that, we are Florida attorneys so our expertise is in Florida law. An attorney in your state would be better suited to give you specific advice.