Non Compete Clause for Employees

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iwire

Moderator
Staff member
Location
Massachusetts
To the OP, I strongly suggest contacting a local lawyer who is familiar with the local requirements.

The last place I would come to for legal advice is here, everyone of us is an arm chair lawyer because we have watched Law and Order for years. :roll:
 

electricguy

Senior Member
I should of been a bit clearer, I was more looking for a sample document that I could use ,and if someone may of shared something. You can close the thread if ya like.. I will be more clearer next time thanks for the input guys.
 

jmsbrush

Senior Member
Location
Central Florida
Several years back, I worked for a company that had a specialty. They wanted me to sign a 5 year no compete contract stating that I would not go after their customers or try to bid on that particular type of work, which was cellular towers, if I were to become a contractor. I had not problem signing the contract.
I went to this company to get a job, to provide for me and my family. They provided for me very well. I ended up becoming a contractor myself and I would never think about trying to go to their customers to get work.
 

dbuckley

Senior Member
... one large assumption, that being that a court of law would see a customer list as intellectual property...
And I doubt any court would, as it is not in any way innovative.

However, such a document may be subject to copyright provisions, under a category known as "aggregating facts"

I dont know the copyright law in the USA well enough. But, a telephone book is an example of aggregation of facts; if in your juristiction you can copyright the telephone book, then you can copyright your customer list. Just for clarity - each individual item (a 'fact') such as a single phone number is not copyrightable in its own right, but some juristictions recognise that collecting those facts together requires effort and is in effect a work with an author, even though the content is not original or innovative. Thus they allow the collection as a whole (or in some part) to be copyrighted.

Breech of copyright is, of course, a civil offense (or is it a tort - where's a lawyer when you need one!) and damages can be awarded, and a court can order restrictions on further use.
 

hillbilly1

Senior Member
Location
North Georgia mountains
Occupation
Owner/electrical contractor
To the OP, I strongly suggest contacting a local lawyer who is familiar with the local requirements.

The last place I would come to for legal advice is here, everyone of us is an arm chair lawyer because we have watched Law and Order for years. :roll:

I did stay at a Holiday Inn Express once...............:D
 

480sparky

Senior Member
Location
Iowegia
To the OP, I strongly suggest contacting a local lawyer who is familiar with the local requirements.

The last place I would come to for legal advice is here, everyone of us is an arm chair lawyer because we have watched Law and Order for years. :roll:


Everyone knows L&O is useless for utilizing as a legal strategy. For real legal information, you gotta watch COPS. :D
 
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