Legal Question in Business Law in Arizona

non-compete / solicitation agreement

I was fired from a sales position and after 5 months of not working I started selling in the same industry. now I have received a breach of contract letter from the former employees attorney. what rights do I have. (and can they pursue me in this matter.)?? it was a six month non-compete and a one year non-solicitation agreement.


Asked on 9/27/08, 9:07 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: non-compete / solicitation agreement

If you are attempting to work in the same geographic area, it means you may not work in the industry for a period of 6 months following your termination, and may not solicit clients of your former employer for a period of 12 months following the termination of your employment. Such agreements will be enforced by the courts if reasonable in time and geographic scope.

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Answered on 9/28/08, 10:20 am
F. Gonzalez The Gonzalez Law Office

Re: non-compete / solicitation agreement

That depends on the scope of the non-compete and non-solicitation agreement. It could possibly be unenforceable if the scope regarding time and/or geographics is either too long and/or to broad. Normally, depending on the state up to 1 year is acceptable and geographically normally the same city and/or with 5 miles, etc... is acceptable, again depending on the applicable state law.

Regards,

Felix

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Answered on 9/28/08, 12:53 am


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