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Non-compete agreements? Connecticut

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  • Non-compete agreements? Connecticut

    I currently own a salon in CT and have just hired an employee who was under a non-compete agreement (didn't know that when I hired her). The non-compete is for 12 miles. To me that seems like an unreasonable mileage for a suburban area in CT. Our own non-compete is for 5 miles. Does anyone have any advice on how to fight this non-compete? I don't want to spend a lot of money on lawyers fees so any advice is appreciated.

  • #2
    You are not bound by the non-compete unless you signed it. Only the employee is. Also, the employee needs to have the non-compete reviewed by an attorney - many are too broad and unenforceable, but only an attorney can advise on that particular contract.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.


    • #3
      She did sign it. I'm just wondering if it is worth my time to try and fight it and what my chances are of actually winning in the end.


      • #4
        You as the new employer are not party to the agreement. The agreement was between your new employee and her old company. Is the old company trying to sue YOU?

        I don't see how you can say 12 miles is unreasonable, however. Heck, the nearest salon to me is 10 miles to start with. And most women I know would gladly go an extra 12 miles to stay with a stylist they liked and trusted.
        Last edited by Pattymd; 12-14-2010, 12:42 PM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Ct noncompetes are enforceable provided they are reasonable. Courts will look at five
          factors (1) the length of time the restriction operates (2) the geographical area
          covered (3) the fairness of the protection accorded to the employer (4) the extent
          of the restraint on the employee's opportunity to pursue his occupation & (5) the
          extent of the interference with the public's interest. Forfeiture clauses that operate
          as noncompete agreements are treated by courts as noncompete agreements.

          Noncompetes always need to be reviewed by an employment or contract attorney
          in the area for advice if someone has a question on a noncompete.
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