Legal Question in Employment Law in Indiana
non compete clauses
signed a one year non compete clause for an outside sales position selling forklifts. contract signed was for 1 year of salaried employment then renegotiate terms. Employer is unethical in business transactions and has failed to provide any of the support promised in order for an outside sales person to be successful. Employment contract expires in Dec but want to quit now. I have been in this business for 20 years and feel my reputation is being ruined by my present employers business practices. If I quit it will ruin me financially if I am unable to remain in the same business that i have for the last 20 yrs. What are my options?
1 Answer from Attorneys
Re: non compete clauses
I would need to review the non-compete -- and the employment agreement in its entirety -- and get a much better understanding of your employer's transgressions before I could give you much in the way of advice. I can tell you that we have successfully challenged non-competes on the bases of: 1) lack of a protectible interest; 2) overbroad geographic and/or temporal duration; 3) 1st breach (by the employer); and 4) miscellaneous other bases. I would be happy to review your situation with you if contact me at the below email address.