I am often asked – what professions are being asked to sign non-compete agreements?
My answer is often – ALL OF THEM BUT LAWYERS because we know how bad they are…
We have seen and or represented the following persons in non-compete agreements: Forester’s, Recruiters, IT/ Computer folks, commercial contractors, plumbers, exterminators, HR professionals, graphic designers, marketing professionals, interior designers and home stagers, stock brokers, accountants, car salesmen and women, nurses, doctors, veterinarians, hair dressers, therapists, – and in today’s Virginia Lawyers weekly I read about a FENCING INSTRUCTOR getting sued for breaching his 1 year non-compete.
Like I said, almost every profession is seeing these agreements inch into the employment relationship.
Well, who cares? Does not effect you, does it?
YES, it does matter to you. The fencing instructor, and his new employer were sued for hundreds of thousands of dollars. Do you have this kind of money to burn in litigation or on attorneys fees?
His old employer alleged (1) breach of contract; (2) tortuous interference of contract; (3) breach of fiduciary duty and (4) conspiracy.
Think your new employer will stand up for you and pay your attorneys fees? I doubt it too.. Better to be prepared and smart then caught in complicated litigation.
Find an attorney who can help walk you through your exit strategy, to minimize chance of a lawsuit, and advise you how to NOT breach your agreements and or general duties toward you employer.
My goal is always two fold: I will tell you how NOT to breach the agreement and then I will advise other actions so you don’t get sued. If you are in litigation, then we change our focus to an aggressive offense and start looking for evidence to prove your Employer cannot prove the allegations contained in the lawsuit.
Let me know if we can help.