Legal Question in Employment Law in Utah
Noncompete Agreement/Contract
I recently quit working for a preschool. I want to open one of my own, in my home. I did sign a contract with a noncompete agreement, as follows;
''For so long as the Employee shall remain employed by Employer and for a period of 12 months after termination with Employer for any reason. Employee shall not directly or indirectly solicit business from customers or clients of Employer nor engage in (as an employee, principal, shareholder, partner, consultant or any other capacity)any enterprise conducting business activities that are the same or similar to those of Employer within the noncompete geographic area''
Is there any legal way to work around this and still open a preschool? I basically gave my Employer an ultimatum, I said I would stay and teach the rest of the school year if she would waive the noncompete clause, she said she would accept my resignation.
I want to open some type of preschool or ''play group'' this fall. I just need to know if there is some legal way to get around this darn noncompete clause!
1 Answer from Attorneys
Re: Noncompete Agreement/Contract
An attorney will need to read the entire agreement in order to render an opinion. Noncompete clauses may or may not be enforceable depending on factual circumstances and the language of the agreement.
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