No Compete Clause

[toga22]

Do "No compete Clause's" actually hold up?
And what can really happen if you break one?

~toga

 

[TheProject]

Do "No compete Clause's" actually hold up?
And what can really happen if you break one?

~toga

In the technical world, it depends. I interviewed with a guy that wanted a 5 year, nationwide noncompete clause, and was told by others that there's no way a judge would enforce that.

Basically what I was told is that if it prevents you from making a living in your current city, there's no way it'll hold up in court. I've not even seen a non compete in several years.

Outside the IT world, I dunno.

 

[KEL]

Do "No compete Clause's" actually hold up?
no

And what can really happen if you break one?
you spend way too much money on a court case

 

[TheGame2001]

Nope

Have a bunch of buddies that work as salesmen for trucking magazines. They all had to sign no compete clauses but everytime a better offer comes up they move to a new job. No Compete clauses never hold up. Several of them went to court and it never held up.

 

[Citruscide]

Non-compete clauses... yes, they are legal... but they must be fair in terms of time and geography.

You coulnd't have a non-compete clause for 20 years and over the whole world... but could have one for 1 year within the city limits... or something like that.

C

 

[curling]

They hold up if they are clear to a certain radius say like 50 miles from downtown in a market. Inotherwords they are enforcable if they are reasonble in time(how long) and distance(how far) .

 

[toga22]

Thanks for the info everone....

I have worked with the same gym for about 8 years as a fitness instructor, it is not my main source of employment but I truly enjoy it. Well after a current falling out with my boss, I have decided that it may be a good idea to look elsewhere for employment in the area. My boss quickly has reminded me that I signed a 4-year 200 mile no compete clause.

I don't know if it was a threat on his part, or not. My feeling is that I really don't have any "trade secrets" or "vital company information" in my posession, so other than possibly a few members following me to a different gym, which I doubt would happen, I don't see the threat.


~toga

 

[curling]

200 miles seem a bit high to me and four years seems pretty long to for a gym job. Do you access to many clients? Also it wouldn't hurt for you to get some advice from an attorney on this. Also did he give you any special training or consideration for signing the non compete?

 

[mrbill]

Non-compete clauses... yes, they are legal... but they must be fair in terms of time and geography.

You coulnd't have a non-compete clause for 20 years and over the whole world... but could have one for 1 year within the city limits... or something like that.

C

what he just said

 

[toga22]

Do you access to many clients? Also did he give you any special training or consideration for signing the non compete?

Other than my classes I work individually with about 40 members.

And yes the gym was responsible for paying for 1/2 of the fees for certifications, and the classes or tests involved to receive them, and association membership fees. However some of the certifications were truly unneccesary and were only per this gyms requirements.

~toga