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  1. #1
    Join Date
    May 2008
    Posts
    4

    Default Non-Compete Changes Not Signed

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

    I signed a non-compete in TN @ one location then was promoted to another location (over 5 miles). I left and clients are wanting to follow me to my new place. My question is this:
    My old company heard that clients were following me to my new business and sent me a copy of my non-compete threatening me. The non-compete was signed at my old location in which they had crossed out and put the latter location below without my approval. I did not sign nor initial this copy. They are sending out letters to clients stating that it would be a breach of non-compete if they do choose to follow me.

    Is this preventing me from making a living in the eyes of the courts in TN? I appreciate any feedback on this.

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

    Default Re: Non-compete Changes Not Signed.

    Q: Is this preventing me from making a living in the eyes of the courts in TN?

    A: We are not the courts of Tennessee so we have no way of knowing the answer. But I do know that it is not preventing you from making a living. You can always get new customers.

    Also, what is the time limit on the clause? What is the geographic limit?

  3. #3
    Join Date
    May 2008
    Posts
    4

    Default Re: Non-compete Changes Not Signed.

    I know this forum is not the eyes of the court, however someone w/ legal experience may be able to offer some insight. If my old company is sending letters to clients or former clients stating that I may be in violation of a non-compete, this may hinder one's decision to follow me to my new place of business thus affecting my income.
    The limitiations are 1 yr and within 5 miles of business. I am outside of the said radius if going by my original document. I am within the 5 mile radius if the changed document (that i did not initial or sign) is valid.

    Thank you

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non-compete Changes Not Signed.

    The original noncompete specifies a business location (a specific address) as the center of the five mile area? What's the language used?

  5. #5
    Join Date
    May 2008
    Posts
    4

    Default Re: Non-Compete Changes Not Signed

    yes Aaron,

    Each location has it's own non-compete. What I mean by that is, it specifies each area of town (not a specific numbered address) that the employee works at and and by which it is signed. Once I was promoted, I moved across town to a different location. Since we severed ties, they have sent me a copy of the non-compete, the original location (in which I started), was marked through and the location (area of town) I was promoted to was written in. I never signed nor initialed the change and no new contract or agreement was addressed.
    I hope this gives you enough information as I am just curious if I have a right to operate in the area.

    Thank you in advance.

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

    Default Re: Non-Compete Changes Not Signed

    As I see it.... You ignore the noncompete and see if they sue you, you sue them and try to get the noncompete declared void as to your location, or you abide by the noncompete and deal with the financial consequence. Unfortunately, I can't guarantee what a court or jury will conclude, in relation to whether or not you approved the change to the contract. But if the date on the contract remains unchanged, and it's for your old location, that should weigh in your favor.

  7. #7
    Join Date
    May 2008
    Posts
    4

    Default Re: Non-Compete Changes Not Signed

    As of now, that is the plan of action (to ignore). Obvioulsy they see me as a threat as they have sent out letters (intimidating to some) advising clients that I signed a non-compete. I understand this could be a wash (and that would suffice), but by them contacting former clients of theirs (my prospective clients), is this in any form, hindering possible income?

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

    Default Re: Non-Compete Changes Not Signed

    Since we have not read the terms of the agreement, we don't know.

    Show it to an attorney in your state.

  9. #9
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Non-Compete Changes Not Signed

    I agree. You really need the help of an attorney - have the attorney review the document & give his advice.

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