Legal Question in Business Law in Missouri

Non Compete Contract

If I sign a non-compete agreement but don't start with the company until 2/21, is it binding if I accept employment with a competitor BEFORE my start date which would be 2/21?


Asked on 2/01/06, 9:41 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Non Compete Contract

There is too much left unsaid for me to safely answer your query. First, has the company that you signed the contract with provided you with any proprietary information or trade secrets. Have you undergone training? Have you received any payments? If not, you may have the ability to rescind the contract, but this is a legal question that can only be answered after reading the contract.

If you have received anything of value (even a promise of employment in some cases) the contract is binding. The company may choose not to enforce the non-compete agreement if it has not given you any information of a trade secret nature, but then again, it might. It depends a lot on the business area that you're in, the company, the terms of the contract, the market demand for people with your skills, and the nature of the competitor that you are going to go to work for.

Take your contract to a lawyer and disclose everything to him and hopefully he can answer your question. You are well advised to do so quickly, and before accepting any other or competing job offer.

Regards,

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Answered on 2/01/06, 9:59 am


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