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  1. #1
    Join Date
    Nov 2016
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    Default How to Avoid Violating a Non-Solicitation Agreement

    My question involves labor and employment law for the state of: New York

    If I signed a non-compete/non-solicitation from my current (Sales) company for 12 months and decided to resign and start my own business doing the same thing.

    Can they enforce a non-Solicitation/non-compete if I don't do any business in the first 12 months? Do I have to do a Sale with their Clients first before they can say "you can't do that" ?
    If I start my own business doing the exact same thing but no sale has been done, can they tell me to stop even if they find out?

  2. #2
    Join Date
    Oct 2016
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    4,301

    Default Re: After Sale is Done or Before

    This is going to be very hard for anyone to answer without reading the agreement. That said, what are you going to do for the first 12 months?

  3. #3
    Join Date
    Sep 2005
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    Default Re: How to Avoid Violating a Non-Solicitation Agreement

    Quote Quoting 6422TPcam
    View Post
    Can they enforce a non-Solicitation/non-compete if I don't do any business in the first 12 months?
    You have told us that the agreement lasts for 12 months, so if you sit at home and watch TV for the next 12 months and then start your new business, you would be fine.
    Quote Quoting 6422TPcam
    Do I have to do a Sale with their Clients first before they can say "you can't do that"?
    If you solicit their customers in violation of the agreement, that's a violation whether or not you get a sale or defer signing a contract until after the twelve months are up.
    Quote Quoting 6422TPcam
    If I start my own business doing the exact same thing but no sale has been done, can they tell me to stop even if they find out?
    You will need to have a lawyer review your non-compete clause and advise you, but if by "exact same thing" you mean the exact same thing as your employer, I would expect so. Your success in a competing business isn't the issue -- it's the fact that you're trying to compete and/or poach their customers.

  4. #4
    Join Date
    Nov 2016
    Posts
    5

    Default Re: How to Avoid Violating a Non-Solicitation Agreement

    Good point. Thanks for the clarification @knowitall

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