re: no compete contract en>fr fr>en By rhythmaster Comments: 107, member since Thu Jun 07, 2007On Sun Jul 01, 2007 12:28 AM
Edited by rhythmaster (180581) on 2007-07-01 00:47:34
You also have to consider if you are in a "right to work" state. I'm in Texas, and non-compete contracts aren't worth the paper they are written on. Sure you can have one and sign one, but if they/you don't want to adhere to it, they/you don't have to. You can take them to court, but all you will succeed in doing is costing yourself and possibly them money. It is considered a civil matter, and usually done in small claims court, which doesn't require a lawyer.
Now a non-solicitation agreement is a bit different. Sure they can open 2 blocks from you (which is a really stupid thing to do because they are cutting off their nose to spite their face, as then they are then going to be fishing for clients in the same pool as you, thus fewer fish for all. Definitely smarter to find an untapped pool to fish from) BUT, they cannot directly solicit verbally or written to your clients. They can solicit to the general public of your area via TV, Newspaper or direct mail coupons/postcards with them reading "to the occupent of..." or "Current Resident". But if they steal your client mailing list, and send an ad or invitation to your client directly then you have a case against them that you more than likely will win if you can prove monetary damages (ie: loss of clientel due to the direct solicitation) |