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  1. #1

    Default Leaving Your Job to Work for a Competitor

    My question involves labor and employment law for the state of: Kansas
    I was working for a for profit LLC. in which I signed a non-compete agreement 7 years ago when I was hired. I have left that employment to go to a Community College not for profit doing the same type of instruction. First is it enforceable if I were to teach the same subjects? Second the reason I left is the former employer refused to become and Accredited institution, so does that mean they really are not a competitor?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Leaving Employment and Going to a Competitor

    Quote Quoting JustCurious123
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    My question involves labor and employment law for the state of: Kansas
    I was working for a for profit LLC. in which I signed a non-compete agreement 7 years ago when I was hired. I have left that employment to go to a Community College not for profit doing the same type of instruction. First is it enforceable if I were to teach the same subjects?
    One would have to read the non-compete agreement to be able to make a definitive analysis but, generally, a non-compete agreement prohibits you from soliciting the customers of your former employer. If you are just an instructor and not a recruiter of students then I don't see a violation there. But, again, that's just a guess without reading it.

    Read the following article to get a better idea about non-competes in Kansas:

    http://www.fleeson.com/news/fleeson-...ble-kansas-law

    Quote Quoting JustCurious123
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    Second the reason I left is the former employer refused to become and Accredited institution, so does that mean they really are not a competitor?
    I don't agree with that conclusion.

    Any given student could choose to attend an accredited institution or a non-accredited institution (regardless of motivation or consequence) so, yes, both institutions would be competitors regardless of accreditation.

    Perhaps your current employer's attorney could shed some light on this after reading your non-compete agreement.

  3. #3
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    Default Re: Leaving Employment and Going to a Competitor

    Quote Quoting adjusterjack
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    Any given student could choose to attend an accredited institution or a non-accredited institution (regardless of motivation or consequence) so, yes, both institutions would be competitors regardless of accreditation.

    Perhaps your current employer's attorney could shed some light on this after reading your non-compete agreement.
    I think that an argument could be made that an accredited school is on a totally different level than one that is not accredited.

  4. #4
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    Default Re: Leaving Employment and Going to a Competitor

    Quote Quoting adjusterjack
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    generally, a non-compete agreement prohibits you from soliciting the customers of your former employer.
    A non-compete agreement can include non-solicitation and non-disclosure terms, but the focus of a non-compete is on competition with your former employer, whether through opening a competing business or by working for a competitor within a region defined by the contract. You can compete with another business without actively soliciting its customers or employees.

    I would want to see the language of the non-compete before I commented on its applicability or enforceability.

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