Legal Question in Employment Law in Kansas

Non-Compete enforcement

Does anyone have words of advice?

I currently have a 5 county 5 year non-compete with my father and this is in Kansas. He fired me for really no good reason other than he was going broke (even though I'm fully licensed, qualified, and only getting half the fee). I'm stuck without a way to earn a decent living as I've invested 8 years in this field in my 24 year old life. I signed this thing after he fired me last year in order to get my job back. I was desperate for money and he knew it.

I have an infant child and a new house and no way to pay for any of it.

I offered to buy the non-compete out for $5000 and he came back with $11,000 or a lien on my new house or no deal. I've secured an attorney who has said I have a very strong case but it will cost between $5000-$8000 to litigate it. My dad knows he will be responsible for his own attorney fees and still refuses to budge. This is a guy in serious money trouble with the IRS and still refuses a buyout. I don--name removed--have the means to come up with more than $5000 as thats my credit card limit.


Asked on 1/08/04, 10:20 pm

1 Answer from Attorneys
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: Non-Compete enforcement

It does sound like you have a reasonably good case, but few are perfect. In Kansas, a covenant not to compete must be legal when entered into and also must be reasonable under the circumstances. If you file suit, you will probably not be entitled to attorneys' fees, so you will either have to pay an attorney his hourly rate or go on a contingent fee basis. Right now, it doesn't sound like you can make a claim for damages that would create a pot of money from which you could pay a contingent fee. The costs of litigation vary greatly and depend on how much a client wants to commit. The biggest cost after attorney time is deposition time. This case sounds like there wouldn't be but a couple depositions. Still, holding the cost of litigation under $5,000 would be hard. If you are interested, give me a call 1-866-385-6244 and I will be happy to talk with you at no charge. You also can visit my website at shultzemploymentlaw.com. Good luck.

Read more
Answered on 1/09/04, 9:53 am


Related Questions & Answers

More Labor and Employment Law questions and answers in Kansas