Non-compete clause

[solpilot]

Anyone know if a non-compete clause is actually enforceable?

Thanks

 

[lowtimedriver]

Depends on the state that you are in. Non compete agreements are virtually unenforcable in California. They can still sue you though.....

 

[solpilot]

Well, I am in the great state of California. If it's not enforceable...what good is a lawsuit? I guess they can waist your time and money on lawyers and proceedings.

 

[Axel]

Are there specific circumstances you have in mind?

 

[lowtimedriver]

Well, I am in the great state of California. If it's not enforceable...what good is a lawsuit? I guess they can waist your time and money on lawyers and proceedings.

That's exactly what a bitter ex-employer will try to do. As long as you didn't take documents or other physical items, they are pissing in the wind.

 

[TWA]

Unless you have deep pockets, I would avoid getting into a pissing contest. Even if you win, you're still going to lose overall in the end. Could you elaborate a little more on the situation? Like lowtime said, if you have anything of thier, whether physical or intelectual, it will not help your case by any means.

 

[GogglesPisano]

Getting sued is ranked slightly above getting a colonoscopy from a 95-yr old gastroenterlogist with the shakes.

The process can drag on for years, hanging over your head. With court dates that you must attend, less a summary judgement be awarded against you.

Not fun.

Don't ever sign an agreement you intend to break.

 

[solpilot]

I wish I could explain more about the situation but I haven't spoken with a lawyer yet. The basics are, I work for a charter company and fly a managed airplane. The owner of the airplane wants to move his airplane from the management company and has asked me if I am interested in starting my own charter company. Any thoughts?

 

[Galaxy]

Most non-compete clauses have a mileage limitation. Contact a laywer and see if you can move the aircraft out of the circle within your contract.
On a side note this is the reason why employers have to have these non compete clauses. Aircraft owners think they can get some guy to do it cheaper they will try everything to get it done. Put yourself in your employers shoes.. But then again business is a kill or be killed field-just watch ou for burning bridges.