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Non-compete & Starting my own small business

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  • Non-compete & Starting my own small business

    I was a teacher at a small private school. I left to go on maternity and never returned and informed the school. I wish to start my own tutoring service in the same area and through word of mouth some of the parents want my services. My contract had a non-compete clause about not soliciting teachers or parents if I was at another school within x number of miles. Would a tutoring service fall under this?

    Thank you in advance

  • #2
    You would have to show your agreement to an attorney in your state; we cannot comment on the terms of an agreement we have not read.

    A local attorney will also be needed to answer the questions in your other thread. Your issues are too specific to be answerable on a message board.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Absolutely correct advice. In this case the small fee that an attorney will charge is worth every penny.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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      • #4
        I agree, too. Not only does the interpretation depend on the exact wording of the contract and the specifics of what you intend to do, it depends on how courts in a particular state apply the law to agreements which restrict competition. Talk to a lawyer who is familiar with non-competition agreements in your jurisdiction.
        David K. Staub (www.illinoisbusinessattorney.com)
        Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

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