Legal Question in Employment Law in Indiana
Non-Compete Agreements
My Employment Contract state under ''Term Of Service'': The term of this agreement shall begin on June 15, 2000 and shall end on June 15, 2001. Upon mutual agreement of the employer and employee this agreement may be renewed from year to year automatically. And such extention may be terminated in accordance with paragraph 9 herein.
Paragraph 9 B. ''Termination'' states: Without cause, the employee may terminate this agreement at any time upon at least two weeks written notice to the employer.
Paragraph 8 ''Restrictive Covenant'' state: During the employee time of employment with ****, Inc., and for a period of six months following the termination with or without cause or the experation of this agreement, the employee will not own all or any portion of, manage, consult with, control, act as an agent for a representative of or be employed in any capacity by an AM or FM radio station withing the ''defined zone'' of ****, inc.
The defined zone is basically a 50 mile radius. I gave a two week written notice and continued to work until the two weeks were over. I did follow through and properly terminated this agreement. Can I still be held to the No-Compete part of it? This company has told me they are still enforcing it.
1 Answer from Attorneys
Re: Non-Compete Agreements
Whether the non-compete can be enforced depends, primarily, on its terms (are they reasonable), what state's law applies, and your particular circumstances (i.e, do the personal reasons which caused you to leave constitute a breach of contract that release you from the non-compete). Feel free to contact me at 317-955-9500 if you wish to discuss retaining our services.
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