Legal Question in Business Law in Connecticut
i signed a non compete in 2007 and was fired yesterday. clause states i cant work within 10 miles of former business. i was fired because i refused to take a pay cut and work longer hours. there is no expiration on the 2007 contract, i am my own LLC within another business. Thoughts?
2 Answers from Attorneys
Our office has dealt with issues very similar to this recently. Such a clause may be unenforceable depending on certain circumstances. If you would like to meet with us regarding your matter, please feel free to contact us for a consultation.
My colleague is generally correct. Let me expand a little bit. You are possibly protected by two issues that are working in your favor. One is the law that limits the applicability of non-compete clauses. This means that regardless of what a non-compete agreement says, if it is against the law then it could be void. The other issue has to do with you being an LLC and it could be that the non-compete agreement was not properly drafted to recognize the LLC and its relationship with your previous employer. I see poorly drafted agreements all the time and I see how they fall apart when they are picked apart.
Realistically, the the non-compete agreement and your LLC structure need to be reviewed. The review should only take an hour or two and should be fairly inexpensive. Ping me off-line.
Roman R. Fichman, Esq.
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