Well .... - Casey Posted: Jun 2nd, 2018 - 11:35 am In Reply to: but I also have "no contact" clauses - for a couple
.. that’s probably illegal because it would be deemed “unreasonable” in a court of law. My husband fought a non-compete and won his case based on the non-compete being “over-reaching” and “unreasonable” based on the economic structure of his business (sales). He was accountable for 11 months, but no further time period than that, which he was in compliance. Two years seems “unreasonable” and “over-reaching” to me considering the current state of our industry. In two years, the client is likely to have gone through many vendors by that time, as evidenced by what has happened in our industry in even just over the past year. Many non-competes have been thrown out because they have been found to be unenforceable. Many of these restrictions inserted into these kinds of contracts are only as good as the paper they are written on. Also, it’s all about money. The burden of proof lies with them to prove that your actions caused them to lose an account or revenue, which in this case is highly unlikely since you are not the one that caused the company to lose the account. Let’s put it this way, I would never contact a client directly while they are still a client of my current employer for ethical reasons. I wouldn’t need a non-compete to guide my own moral code. That being said, as long as you’re not causing monetary damage to someone else as described in the examples above, you have a right to pursue a living in your industry. Maybe if companies took care of their employees and paid a living wage and were ethical to them, they wouldn’t have to worry about employees leaving them and working for the competition. They have forced us into this musical chairs mentality and that's on them.
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