Non Compete

Roxy2008 · 10-24-2009, 11:09 AM

I live in a small town and my boss had me sign a non compete with a 45 mile radius will this hold up?

healthagent · 10-24-2009, 11:14 AM

I'm not sure what you mean by "hold up." If you violate the non-compete and they sue they could win or lose but you're still out thousands in legal fees.

Roxy2008 · 10-24-2009, 02:04 PM

Maybe I shouldnt use the term hold up. I just didnt know if that could be a little broad due to where I live. It is a very small town and insurance is my living. I have read articles that NC Courts dont like them.

alphawave2k · 10-24-2009, 02:21 PM

Originally Posted by Roxy2008

Maybe I shouldnt use the term hold up. I just didnt know if that could be a little broad due to where I live. It is a very small town and insurance is my living. I have read articles that NC Courts dont like them.

Unless an agent has been through an identical situation such as yours, they wouldn't be able to opine. You might best speak with a legal council who should be able to give you a straight answer...if they know what they're talking about. Oops...I said lawyer and straight answer in the same sentence...my bad.
My opinions and suggestions for what they're worth...if this is the way you've earned your living and have no other option with slim pickings outside the radius of where you would be able to sell your product, you might get a sympathetic judge to throw this suit out, if they sue you.
Your other option is to write business outside that radius or over the internet if you're able to. Damn NC contracts...what proprietary information did they give you that would prevent you from seeking business in the same market? Good luck
Alph-red-o

TristanTLC · 10-24-2009, 02:38 PM

If they paid you specifically for the Non compete, it might hold up. If they did not pay you for the non compete, they will have a much harder time. Consult an attorney for better details

MedicarePlanSolutions · 10-24-2009, 11:46 PM

Originally Posted by Roxy2008

I live in a small town and my boss had me sign a non compete with a 45 mile radius will this hold up?

That in and of itself probably probably wouldn't invalidate it, but there may be other flaws in the agreement. The best thing would be to talk to a labor law attorney and see what their opinion is.

somarco · 10-25-2009, 03:33 PM

The only way to know for sure if it will be allowed is to take it to trial.

Most former employers won't enforce it unless you are blatantly violating the terms of the agreement. But if they do decide to sue be prepared to spend thousands in legal fees and countless months to defend your position.

Pangaea · 10-28-2009, 12:25 AM

You need to call an attorney tomorrow and get some straight answers, but don't worry about it too much.