Non compete legal issues advice please.

[Andy Neill]

Thank you. Cogency was what I was aiming at.

I hope that brainhurts will come back and tell us how the friend is proceeding and progressing.

 

[rickair7777]

Sounds too strict to hold up in court. Non-competes have to be very specific, such as "Can't fly for a competitor that has the same equipment within 60 miles", not "Can't fly at all unless you fly here".

One has to be able to make a living, which has been the standard to date.

The bigger question isn't what's enforceable, it's whether or not the company will file suit. He does NOT want to have to pony up lawyer fees and the related hassles while a bigger company spends without blinking.

In the end, he would very likely prevail, but he'd spend money to get there.

On the other hand, if there is even one example of someone leaving for a competitor with no lawsuit, he's probably just fine, the employment contract is like a health club making you sign away all your legal rights to sue for negligence. They can make you sign it, but it's still meaningless.

I agree. It's far too general, and there are no damages involved unless you take a job with an actual competitor.

 

[brainhurts]

I will keep you all posted.......
Thanks again for the help!

 

[BLing]

In the contract world of flying they have clauses similar to this. Basically you cant fly for the airline that has contracted the staffing company you are with and you cant fly within that country for one year after the contract has ended. Ive never seen this enforced though.

 

[cjdriver]

This is actually quite common in the tech industry, and is enforceable. I could cite several examples, one of which included the employee being issued a restraining order to prevent him from working for a competitor. Suffice it to say that there is definite exposure here.