Legal Question in Employment Law in Tennessee
Contradictory non-compete contract
I am a consultant in IT. I have had the same client for 4 years. My client has a contract with my consulting company that states they have the option to hire a consultant after 1 year. However, my boss says that I and all of his employees have a non-compete clause with his consulting company (inserted in a payroll documentof the new employee packet). He stated that if I accept the position the client has offered me, (same department, new position) then he will sue me. He said the other contract keeps him from suing the client, but not his employees. Since the contracts are directly contradictory, can he sue me?
1 Answer from Attorneys
Re: Contradictory non-compete contract
Non-Compete agreements are very hard to enforce. Each one is different. The facts and circumstances of each case are very important on whether the employer has an important business justification to enforce the agreement and then the court looks at whether the terms of the agreement are enforceable. You should run the details of your situation by an attorney who can give you good advice and a plan of action.