Noncompete - how to approach?

As you worded it, I don't even see that your non-compete precludes you going back to Company A. You're not stealing any of Company B's employees or clients, or taking any of their business. The exact words matter.

Even if the non-compete applies, its unlikely it matters here. Does Company B owe you any money or benefits? Back pay, severance, vacation pay, unreimbursed expenses, etc.?

If Yes, they can probably stop paying you and claim damages.

If No, then fuck them. It's extremely unlikely that they can stop you from the Company A job unless you happen to have skills unique in all the world, or there's a demonstrable risk of you misusing company secrets. In other words, they can't do squat,

Note: Do NOT tell Company A that you're under a non-compete unless they ask. If they know and still hire you, then they can possibly get sued by Company B. If they know about the non-compete, they might decide not to hire you or to fire you in order to avoid litigation.

>>1976071

Nope, they don't owe me anything at all. Our ties are completely severed. My role wouldn't have much of a connection with their relationship with the business at all anymore, even though it used to.

>>1975942
1. your former employer has no motive to release you.
2. it's a legal contract, breach it at your own peril.
3. they do business with your potential employer, there's a solid chance you'll be found out.

>What can Company B get out of me for violating a noncompete?
what do you have?

>>1975942
If Company B are consultants, they'll know better than to enforce a noncompete with a client. Besides former employees are good opportunities to solicit work.

You need to inform Company B to cover your ass, but if you couch it the right way, they should have no problem with it.

>>1976115
>breach it at your own peril.
Assumes facts not in evidence. It not at all clear that the contract prevents this.

>>1976115
>what do you have?
You do know that non-competes are disfavored at law and non-enforceable in most cases, right? You do also know that you can't sue someone for money unless there's damages, right?

Uggh, I hate amateur internet lawyers.

>>1976122
>You need to inform Company B to cover your ass
All that does is give Company B to opportunity to make hollow and toothless threats against OP, and to call Company A and scare them away from hiring OP. I see no good coming from this advice.

>>1975942
Just tell them you can start in 2 months 1 week... easiest most non problematic way you can solve this

>>1976115

>what do you have?

I'm assuming for a company that paid me a total of $10,000 in employment that there's not that much they can legally claim. I'm not doing any damage to their business, so that's why I'm trying to monitor it. When you sue someone, you can't just walk in and say "I'm suing for everything you have," it depends on the severity of the claim.

>>1976122
Company B CLAIMS they hold no ill will against me, but when I left, it was a catalyst for their other new hire to quit, and now they're stuck with a team of 3 instead of a team of 5, and are overwhelmed. Both myself and that coworker only made it 2-3 months before leaving, since it was a mess.

>>1976149
I definitely can't start that late, they'd hire someone else in the meantime.

As long as you don't steal clients or trade secrets NCs are rarely enforced.

And even then they are weak.

Worst case scenario you lose your job and can't work in that field for 1 year.

>>1976139
>You do know that non-competes are disfavored at law and non-enforceable in most cases, right?
yes, but I recall you arguing the opposite position a couple months back about a different type of contract.

the same rule still applies- both sides need to get something for the contract to be legal. If that happened then OP is quite fucked.

>Uggh, I hate amateur internet lawyers.
the irony

>>1976159
>it depends on the severity of the claim
I assume you have nothing, and that's why I asked.

companies rarely sue individuals that have nothing.

>>1976245

I mean, I have a pretty standard middle class life for a 30 year old. Make $85k a year, have a house, car, and that stuff, and a couple tens of thousands in savings outside of any investments and shit.

Nothing incredible, but not nothing.

>>1976302
well you can ask the internet lawyer up there but personally I'd be far more likely to sue a person that owns a house.

that's pretty much my cutoff. If you harm me and you don't own a house I'm probably not going to bother with you. The cost of collecting would be more than the judgment against you in most cases.

Even with a house I might not bother though. I prefer to sue businesses since they generally have insurance and assets. I sue you for the equity in your house and you just go declare bankruptcy and I've wasted my time and my insurance company's money.

the only way I'd personally do it is if you really pissed me off. I can't speak for your employer. I use non-comps to prevent business owners from selling me a business and then starting another one just like it and stealing back the clients I bought. I would absolutely sue someone for violating one.

employees I probably wouldn't bother with unless I specifically bought them out before hiring them. Presumably that didn't happen in your case.

>>1976320

Nope. No buyout, no signing bonus, nothing complicated outside of the three month noncompete.

>>1976331
then as much as I hate to say it, the internet lawyer is probably right.

your agreement is likely unenforceable in most of the US. Laws vary.

>>1976242
>I recall you
You recall a month's old post made by an anonymous poster and think it somehow relates to the anonymous post I made earlier in this thread? You're some special kind of retard, anon.

>>1976339
Like I already said faggot, non-competes are disfavored or illegal, depending on the jurisdiction. It doesn't matter if OP has a house, a trust fund, a billion dollars, or a pile of sticks. The wealth of the employee has NOTHING to do with the legality or enforceability of the contract.

http://www.hrexaminer.com/is-your-non-compete-agreement-enforceable/