Starting my Agency While Still Working for my Employer

Hey guys,

Not new to reading this site, but this is my very first post. First, I appreciate all you guys and gals who share your thoughts and give out such great advice.


I am a licensed life and health agent (several states), my license was bought for me by my current company and I sell FE and GI. I do not use my health license through them. I honestly don't know why I had to take the health part through them, maybe because it was cheaper, I guess. Nonetheless, I only sell LIFE. Of course I do have a Non Compete clause with them but as I was reading it again, it states...that I cannot provide or offer services "similar" to those offered or provided by the company.

I do not want to offer FE or GI. I want to get into Medicare Supplements and work on the weekends doing that until I might be able to do that full time from home. Since I am not in "competition" with them, do you think this would be alright?

I have been looking at a few FMO's... my worry is if I get contracted with one and get assigned to a few/several MedSupp companies would the HR department get that information and raise a red flag to what I'm doing? Or if I was to do some business with my health license will they even KNOW about it? After all, they did purchase my license. Are they privy to that type of information of my signings?

Thank you

Personally, I wouldn't worry about who paid for your licenses. It's usually standard to get both the life and health together anyway.

Since insurance licenses are public record with the department of insurance that means they can be viewed by anyone. Some states list who you are appointed with as part of that record. This means it's possible that if someone else is renewing your license they might see a new appointment but more than likely they won't dig that deep.

Some insurance agencies are also pretty well connected to the carriers they represent. If they are buddy buddy with the one you try and get appointed with then it might come out.

Background checks are pretty common with appointments but my guess is those are done via third party services and might not tip anyone off.

Your agreement might depend on the state it's effective in. Usually these agreements are non-solicitation agreements and not non-compete agreements and are written to keep you from taking their clients away.

Just because there is an agreement doesn't mean it's valid. Yours sounds a little restrictive. It kind of sounds like if the company sells a product you want to sell, even if you don't sell it they could make it apply. It also doesn't sound like separate agreement but more like a single clause in another agreement.

Some agreements also require you to notify them of outside of employment. If you are actually going to conduct business while working for them, obviously that could be at the very least be grounds for termination.

You didn't say if you are an employee or an independent contractor. That'll have some bearing on your freedom as well.

I'm not an attorney but keep in mind that preparing to compete is not the same as competing. People look for jobs all the time.
 
Some insurance agencies are also pretty well connected to the carriers they represent. If they are buddy buddy with the one you try and get appointed with then it might come out.

My carriers would call me the second an employees name crossed their desk... there are few that would willingly bite the hand that feeds...
 
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