Legal Question in Employment Law in District of Columbia

Re: Can my DC Employeer enforce a noncompete after asking me to install bootleg

Mr. Sheldon covered most of the relevant matters.

The scope of the agreement, in both time and geography,

are matters upon which to defeat the validity of the agreement itself.

Most employers are aware of the law in this regard, but it certainly is to you advantage to

have an attorney review the agreement on these bases.

More important is the leverage you gain by the illegal conduct of the company. Not only are software violations possible but also the sharing of

private information. If your employer directed you to break the law, and a master/servant relaltionship exists, then you may not be liable for the illicit act.

Moreover, where the illicit act, as directed by the employer, bears a direct connection to the essence of the non-compete contract, you have a strong equitable basis.

The factual basis of your matter is essential to the outcome. You should contact an attorney BEFORE you speak with your present employer about this matter but you should not delay.

Re: Can my DC Employeer enforce a noncompete after asking me to install bootleg

This is a complicated issue. There are no black and white answers as to whether you can definitely break the non-compete without consequence. You do have equitable arguments regarding the alleged unethical conduct, and may even be able to claim constructive discharge. In those circumstances, a court might refuse to enforce the non-compete.

Much depends on the wording of the non-compete as well as the exact facts of the software issue. There are contract and possibly public policy issues that come into play in determining your rights.

Regardless, the employer could still sue you and your next employer to try to stop you from competing. That would prove to be costly if you had to defend such a suit.

One key decision you have to make, then, is whether to try to negotiate with the former employer to terminate the non-compete (you might be able to use your knowledge of the software issue as leverage), or let it lie and see what happens.

I'm sorry I can't give you more specifics, but I would need more info to do that (and probably would have to do some legal research once the facts were evident). If you think you need specific legal advice, please call or email for a free consultation. We can decide together whether you need legal help and how you should proceed.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

Re: Can my DC Employeer enforce a noncompete after asking me to install bootleg

You give no indication as to either the length of time nor the scope(area that it covers)of the noncompete agreement which you signed. It's possible that the agreement itself is faulty on its face because it fails to meet the necessary criteria of reasonableness which courts normally require with respect to the above two issues.