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View Full Version : Non-compete? New York


can he do that
03-14-2007, 12:42 PM
I signed a non-compete with my company over two years ago. I was offered a position with another company and I gave notice to my current company. I am the top producer, have been for two years. My boss used the non-compete as a tool to threaten me to stay. I know makes no sense but I no longer want to be employeed by someone who literally threatens me. My question is who decides if my new job is a competitor?

The company I am leaving set up added benefit programs for large employee groups, hospitals universities across the country as a retention tool and a way to give back to its employees. I sold memebership to local business's (restaurants, autodealers, home services) to offer discounts to the employees of our corporate clients.

My new postion is strictly an advertising company that produces discounts but to local home owners.

The difference I see is that the added benefit program i was responsible for is not open to the public. They have to be employed by the company and if not they are not eligible to receive the disount or get into the website. It is username and password secured.
My new position is strictly advertising in a publication that gets mailed to the public.

Is this a competitor?

ScottB
03-14-2007, 12:52 PM
I would not see the new job as violating your non-compete agreement, based upon what you have posted, but you really should take it to an attorney to review.

Or, you can take your chances and hope that the former company's attorney tells them that they have no case.

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