Re: Response from Bruce Schwoegler

[Joseph Pappalardo <joepappalardo2001@yahoo.com>]

Jeesh....even with the law posted here for all to
see...and with the bright knowledgable minds we have
here on this list....people can't even agree on what
the law says...and doesn't say.  

Where does this leave us?  

I supposed we won't know the "true meaning" of the
law, until someone takes it to court to test.

Any volunteers?

JP
--- Dibmaine@aol.com wrote:
> In a message dated 4/17/02 1:02:11 PM Eastern
> Daylight Time, 
> tklaundry@juno.com writes:
> 
> << Would that be prior to the contract expiring or
> upon it's expiration? >>
> 
> I read the law that if an employee leaves before the
> contract expires, the 
> non-compete stays in effect until the contract runs
> out.  When the contract 
> ends, the non-compete ends.
> 
> In an earlier e-mail, you made the point about
> walking about while a contract 
> is in effect is breach of contract.  That's correct
> but a court is unlikely 
> to force an employee to go back to work and the
> employer probably doesn't 
> want the employee to come back.  It will be tough in
> most situations for an 
> employer to show monetary damages due to the breach
> by the employee.  
> Enforcing a non-compete, in that limited situation,
> is the best way to do 
> justice in such a situation.
> 
> -- Dan Billings, Bowdoinham, Maine
> 
> 


=====
Joe Pappalardo

joepappalardo2001@yahoo.com

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