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  1. #1
    Join Date
    Oct 2006
    Posts
    17

    Question Non-Compete Agreements in Wyoming

    Hello,

    A few months ago I answered an add in a Wyoming newspaper for a programmer. This job was working at home with my software and my computer. I signed an agreement that included NOT to develop "blank" related software for a period of 3 years after I quit doing work for them. There is NO set geographical limits in the entire contract so I assume that it could be anywhere.

    In the consideration portion of the contract they have the right to turn down or accept any price that I claim that I need for doing a peticular area of software writings.

    One thing, the guy continued to push me get started writing code ASAP and he always kept on saying it was so I could start earning moneys right away. He said this several times over and over that I should get started writing code ASAP so I could earn some money.

    Oddly enough I was seriously injured on another job 2 days later and needed surgery. So I (((NEVER))) wrote any code, (((NEVER))) gave him any dollar amounts, and he (((NEVER))) paid me a thing. All that I did while I was in my injured/recovery state was study a couple of books on the subject of his type of programming. I mentioned rewriting the code to him and he jumped in and modified some of the words and methods of how this was to work as far as estimating the work and he renamed and redifined my position relative to what was discussed and waht was in the contract. He did this all in an email which I have saved all emails between the two of us.

    This upset me so I told him that since there was obviously not a meeting of the minds I was exercising any and all rights to terminate any and all contracts between us and that I was no longer going to spend my time looking at his software problems for free. I also did this in the local public paper. All of his code was removed from my computer and all of his disks and paers were returned to him.

    Ignoring the above items since I never wrote any code, never gave him any estimates, he never gave me a single penny, and I returned everything to him that was rigghtfully owned by him...

    Can he still hold me to the agreement...

    Not To Develop "blank" related software for 3 years???

    I could post the consideration and non compete areas of the contract if you need it. I used "blank" since it ius somewhat of a specific area.

    Thanks,

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Non Compete

    Q: Can he still hold me to the agreement...Not To Develop "blank" related software for 3 years???

    A: Yes.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non Compete

    However, to know whether in this specific instance he can or not, you will have to show the agreement you signed to an attorney in your state. We cannot interpret the enforceability of an agreement we have not read.

  4. #4
    Join Date
    Oct 2006
    Posts
    17

    Question ok

    Ok,

    I appreciate your response seniorjudge. I had read that in short working durations a court normally will not hold you to a non compete. My duration was under 2 months when I did not like his changes and actualy it was 2 days since I was injured on a different job. Maybe that person was incorrect. Interesting, especially since neither him or myself recieved anything of value.

    I have three more questions if that is OK.

    I can post the following words as well if needed. So by him renaming my position title and redefining my postion and how things are to work relative to the contract and pre contract signing discussions in an email does this still give him total control to stop me from developing "blanK" related software for 3 years?

    I had also read that there MUST be a geographical limitation in the contract to make a non compete area valid. Is this true?

    I can post the actuall consideration area if needed. I had also read that for a contract to valid both parties must recieve value. The contract gives him the right to decide whether or not to accept my estimate but in another area of the contract he isa entitled to anything htat I write for his company. Does this still give him the rights to prevent me from writing "blank" related software for 3 years?

    Thanks

  5. #5
    Join Date
    Oct 2006
    Posts
    17

    Arrow Re: Non Compete

    Quote Quoting cbg
    View Post
    However, to know whether in this specific instance he can or not, you will have to show the agreement you signed to an attorney in your state. We cannot interpret the enforceability of an agreement we have not read.
    I will post those areas later on, I need to go make some moneys right now,

    Back later,

    Thanks

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non Compete

    You keep claiming to have read this or that. Where? Provide links, please.

  7. #7
    Join Date
    Oct 2006
    Posts
    17

    Question Re: Non Compete

    Quote Quoting Mr. Knowitall
    View Post
    You keep claiming to have read this or that. Where? Provide links, please.
    Your pre-statement...

    You keep claiming to have read this or that.

    ...could have been simply stated...

    Provide links, please.

    And yes, I will be happy to provide links in the next day or so when I dig them back up. No problems there. I think that it is already obvious that before I even start these questions that some law pros will side with the business and some will side with the employee. I simply want to ask questions pertaining to the contract and the events up to after I decided not to do any coding for this individual and his little company.

    I do have one other very important question that is bothering me before I get going here if that is OK???

    If I simply type the contract word for word in this forum and leave out his and his companies name and my name would that in itself be an infraction of any copyright law???

    You have to admit that is a very interesting area to scope out. Could someone actually be sued by posting a contract they were required to sign or had allready signed online for legal experts to comment about the legalities????

    Thanks,

    I have to go back and earn some more moneys for a while, back later.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Non-Compete Agreements in Wyoming

    Unless there's a Wyoming attorney lurking on the site, posting the contract here would be pointless, whether it violates copyright laws or not.

    Only an attorney IN YOUR STATE can tell you if it is enforceable under YOUR STATE's laws.

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Compete Agreements in Wyoming

    You miss my point. If you have information relevant to noncompetes under Wyoming law, you're wasting our time by not sharing the information. If you don't, but believe that information you read about noncompete agreements under the laws of other states is somehow relevant, your assertions waste our time as we try to confirm or refute them.

    To put it in the language you prefer, provide links, please.

  10. #10
    Join Date
    Oct 2006
    Posts
    17

    Question Re: Non-Compete Agreements in Wyoming

    Quote Quoting Mr. Knowitall
    View Post
    You miss my point. If you have information relevant to noncompetes under Wyoming law, you're wasting our time by not sharing the information. If you don't, but believe that information you read about noncompete agreements under the laws of other states is somehow relevant, your assertions waste our time as we try to confirm or refute them.

    To put it in the language you prefer, provide links, please.
    OK, not totally sure about that but yes, some of what I read online appears to be interpreted for certain states dependent upon the catagory of the state. Some will not consider any no compete contracts period, some have very limited laws and will not consider most non compete contracts, and some will enforce the majority of non compete contracts. This is based on my research of the non compete contract in general on the internet. My words are limited as I have searched and read many many sites with a lot of information and I have found some who claim things in benefit of the business and others claim things in benefit of the employee. It does seem much like politics to myself. JMO

    I guess I need to find anything on Wyoming non compete law somewhere out there. I guess that I will search for own answers if it is pointless for me to post a contract word for word in this forum for somebody to explain the continued legality.

    OK, so then does anybody have a link that explains the Wyoming non compete contract law in detail???

    I have been having difficulties finding any links and the Wyoming Law Liabrary is now located over 150 miles from me.

    Thanks,

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