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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Enforcement of Non Compete Clause In Arizona

    I signed a contract for a part time company on 08/17/07. In this contact are two non compete statements:

    Non-competetition during the term of employment

    Non-Competitin after termination of employment


    In regards to "Non-Competitin after termination of employment", is the following statements:

    If permited by thelaws of the state or country where emloyee resides or works, following termination of employment, employee will not directly or indiretly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in direct competition with employer in the **** industry within the territories services by employee pursuant to this agreement for a peiod of one (1) year from such termination. Employee acknowldges that these limited restrictions do not otherwise substantially affect his/her right to engage in his/her business, trade or profession.



    My plans were to leave the company and venture off on my own. What are my options here, does it matter if I am terminated by employer, or If I resign on my own? Does this non-compete seem in line?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Enforcement of Non Compete Clause In Arizona

    You will need to take the non-compete to an employment or contract attorney for review & get their opinion.

    Az. does enforce non-competes if the restraints are reasonable.

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Enforcement of Non Compete Clause In Arizona

    Does this still apply if I am Laid off or terminated?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Enforcement of Non Compete Clause In Arizona

    Same answer. There is no across-the-board law that automatically voids a non-compete agreement in the event of layoff or termination so you would have to show the agreement to an attorney.

    It is LIKELY that the non-compete would be void in the event of layoff or term, but it is not guaranteed.

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