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unfair or illegal noncompete restrictions (1 viewing) (1) Guest
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TOPIC: unfair or illegal noncompete restrictions
#6707
GelRon (User)
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unfair or illegal noncompete restrictions 7 Years, 9 Months ago Karma: 0  
An insurance agent signed an non-compete which prohibited the insurance agent from working in the insurance industry for 5 yrs once he left his employer. My first take on this is that the non-compete is to broad and a court of law will not uphold the non-compete. What do courts typically say is reasonable when it comes to non-compete restrictions.
 
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jano (Moderator)
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Re:unfair or illegal noncompete restrictions 7 Years, 9 Months ago Karma: 0  
As you know, you can make a contract say anything you like. However, the court are bullish at protecting an employee's right to obtain gainful employment. I would say that the 5 yr nn-complete is too burdensome and will be judicially modified.
 
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Kash (User)
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Re:unfair or illegal noncompete restrictions 7 Years, 9 Months ago Karma: 1  
The truth is that a non-compete will stick if no one contests it or if the party can afford to contest it. Thats what usually happens. Even if there is a valid claim, the client usually cant afford to contest the provision which is against public policy.
 
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