Legal Question in Business Law in Kentucky

Binding Non-compete Agreement?

The non-compete agreement from my previous employer states that I ''...shall not solicit business from existing clients of this company as of the termination date for a twelve month period following the termination...''. I have since gone into business on my own, and have received calls from former clients I had when I was with this employer wanting me to take them on as my own clients. Is this within my rights, or should I turn them down?


Asked on 1/18/02, 2:27 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Binding Non-compete Agreement?

This is a balancing act. On the "up" side, you did not solicit these clients so you can say that you did not break your agreement. But, where is the proof. I should think that they should discharge your former employer first and then acknowledge in writing in their employment agreemtn with you that they contacted you. Depending upon the economic climate, you will most likely get sued. Having the client sign a document that you did nothing to solicit their business, etc., will keep the client on board if you need to call them in your defense.

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Answered on 1/18/02, 8:56 pm


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