Non-Compete Agreements

Spartacus

[font size="1" color="#FF0000"]LAST EDITED ON 03-30-04 AT 10:39AM (CST)[/font][br][br]I need some help on developing a solid non-compete agreement for some of my in-house sales agents. According to our attorney, the judicial system is getting kind of picky about what they are willing to enforce. It seems that they are only enforcing the non-competes that are limited geographically and by time. Our problem is, that our business spans several States, but we only have one office location. We would like to prevent an employee who chooses to leave to company from coming back and taking our clients. We would also like to try and attach some type of monetary buy-out figure that the agent would have to pay the company if they move their business from our company, once they separate. I know this is asking a great deal, but I am sure some of you HR Studs have one in your back pocket. Thanks

Don D

My initial reaction is, having had that conversation, any attorney worth his salt would have said, "Let me forward you a draft suggestion". If he is in-house, it would cost you nothing. If on the clock, one billable half-hour at most.



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AJ SPHR

I agree with Don D. State courts view non-competes differently from each other so a good attorney can help you address issues across several states and construct an enforceable non-compete. I suggest you go back to the attorney for guidance to ensure that you receive valid advice and assistance with this tricky topic.