Does a Non-Compete Agreement Apply Before You Leave the Job
My question involves labor and employment law for the state of: Wisconsin
I'm an IT recruiter in WI. The firm I work for focuses in WI for placements and marketing. I'm interested in opening a LLC and concentrating on the West coast (ex: CA). This way I can contact people after my regular job's work hours. I would not be contacting any of my firm's clients, candidates since I'd be focusing in a different region. Also, I would NOT be using companies resources, ph, computer, etc.. It would be a part time thing using my own resources. Standard non-compete and obviously don't want to breach it.
Thoughts if this would be ok? Thank you
Re: Does a Non-Compete Agreement Apply Before You Leave the Job
Can't comment on your non-compete without reading it. There is nothing "standard" about any of them.
However, your employer can fire you for any reason or no reason at all as long as it doesn't violate any anti-discrimination laws.
Even if you aren't "breaching" the non-compete you can still lose your job if your employer doesn't like you moonlighting.
Best thing I can suggest is tell your employer that you want to do this on your own time and get his consent.
But if you have reason to keep it a secret from your employer in the first place then your risk of getting fired is greater if he finds out and that has nothing to do with the terms of the non-compete.
Re: Does a Non-Compete Agreement Apply Before You Leave the Job
I cannot see your non-compete agreement from where I'm sitting. If you are telling us that the business plan would violate your non-compete agreement were you to leave your employer and start the business, but the contract applies only post-employment, then it's reasonable to infer that if your employer learns of the new business venture your employer will fire you then seek to enforce the contract.
As for whether your employer would approve of your starting a business on the side, assuming the new venture did not implicate the non-compete agreement, that's a matter of policy. Ask your employer.