A non-compete is an agreement between a company and an employee that stating that the employee (Shelley) agrees to not work either in a certain field (HIM), within a certain distance from their office or with a competitor for a certain amount of time after leaving their employment. Shelly would be restricted by where she can work after leaving, who she can work with and when she can return to the workforce again.
Autodoc wants to protect their time and training that they will put into Shelley. They also have a non-compete to prevent the loss of their customers when and if Shelley leaves. If she goes somewhere else within a certain distance and tries to take the customers with her, then to prevent this Autodoc would be within their legal rights …show more content…
There are two restrictions the court will review to see if the agreement is too broad; geographic area or on the duration the agreement now becomes invalid. So an example of this broadness would be if Shelley’s office was in New Jersey but the non-compete states that she cannot work anywhere within the Mid Atlantic region is would be considered too broad. The average length of a non-compete is one year, anything over that duration would be considered too …show more content…
Well, there are a few things that could happen. Autodoc may not do anything; they may not want to waste the time enforcing the agreement. Court is costly and if the company doesn’t feel that their agreement would hold up they would not want to spend the effort, time, and money on the case. And then the complete opposite may happen, Autodoc will file a suit against Shelley to enforce the agreement and/or monetary damages. As long as the non-compete is signed and is not too broad Shelley would be legally bound to it. Shelley would need to get herself an attorney and pay the legal fees to fight the dispute. Autodoc could possibly even go after her new company, and in this case she would most likely lose her new job to prevent them from having legal
Autodoc wants to protect their time and training that they will put into Shelley. They also have a non-compete to prevent the loss of their customers when and if Shelley leaves. If she goes somewhere else within a certain distance and tries to take the customers with her, then to prevent this Autodoc would be within their legal rights …show more content…
There are two restrictions the court will review to see if the agreement is too broad; geographic area or on the duration the agreement now becomes invalid. So an example of this broadness would be if Shelley’s office was in New Jersey but the non-compete states that she cannot work anywhere within the Mid Atlantic region is would be considered too broad. The average length of a non-compete is one year, anything over that duration would be considered too …show more content…
Well, there are a few things that could happen. Autodoc may not do anything; they may not want to waste the time enforcing the agreement. Court is costly and if the company doesn’t feel that their agreement would hold up they would not want to spend the effort, time, and money on the case. And then the complete opposite may happen, Autodoc will file a suit against Shelley to enforce the agreement and/or monetary damages. As long as the non-compete is signed and is not too broad Shelley would be legally bound to it. Shelley would need to get herself an attorney and pay the legal fees to fight the dispute. Autodoc could possibly even go after her new company, and in this case she would most likely lose her new job to prevent them from having legal