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Re: Non-compete contract

On 17 Apr 2000,  Dave Faneuf wrote:

> I don't recall seeing any language like that in the bill that was
> approved.  I think if you violate your contract and cut and run the
> employer recourse would be to sue you for breach of contract, not
> violation of non-compete.

The measure of damages would be hard to establish for that.  The non-
compete is a much cleaner remedy.  And that kind of contract violation is 
the strongest case for enforcement of the noncompete clause.
> I agree I think employers brought the non-compete ban on themselves by
> enforcing it even when the employer terminated the services of the
> employee.  I personally know of talent that had non-competes that prevented
> them from working ANYWHERE ON THE PLANET for a year or more after leaving
> the employ of the company regardless of why they left.
I think that most courts would refuse to enforce a non-compete clause that 
was that extensive.  Trouble is, that wouldn't stop the employer from 
suing and costing the talent a lot in legal fees.

 A. Joseph Ross, J.D.                        617.367.0468
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