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Non-compete contracts Tennessee

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  • Non-compete contracts Tennessee

    Has anyone ever dealt with these? here is our story:
    My husband went to work for a pest control company in Oct of 2006. He left the company in February and went to work for another pest control company. Yesterday he received a letter from a lawyer firm for the old employer stating he was in violation of the non-compete contract that he signed. He did not even know he had signed it. Anyway, he was only at the old employer for roughly 4 months. During that time he was only in sales for 5 weeks. Does he have any recourse? Does he have to quit his job with the competitor? We are freaking out! Thanks for any advice!

  • #2
    Without reading the terms of the non-compete, no one can give you a good answer.

    You need to get a copy of the non-compete and show it to an attorney that specializes in that area.

    Is your husband in sales for the new company? Employers get really touchy about sales folks leaving to work for competitors and taking clients with them.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Thanks for the reply! We do have a copy of the contract - it was sent with the letter. Yes, my husband is doing sales for the new company. However, he did NOT and has NOT called on any former clients. He NEVER had a set clientel with his old employer. The thing is he is outbidding the old company. At the new company he is selling more product that the old company does not offer and also lower prices. The reason he left the old company was because sales were NOT there! He was barely making an income. And like I said, he was only doing sales for 5 weeks when he left.....

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      • #4
        Originally posted by tennessee employee View Post
        Thanks for the reply! We do have a copy of the contract - it was sent with the letter. Yes, my husband is doing sales for the new company. However, he did NOT and has NOT called on any former clients. He NEVER had a set clientel with his old employer. The thing is he is outbidding the old company. At the new company he is selling more product that the old company does not offer and also lower prices. The reason he left the old company was because sales were NOT there! He was barely making an income. And like I said, he was only doing sales for 5 weeks when he left.....
        Take the document to a lawyer.

        Right now, your husband is using knowledge of his old company's pricing to underbid them.

        This could be a problem.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Ditto to what Scott said. You really want to have a lawyer review both the contract and the situation as a whole and advise you from there.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            I agree with the previous posters that he may be in violation.

            There may be one thing that could save his neck. Make sure he points out to the attorney that he is selling a product that his former employer DOES NOT OFFER. Without knowing the specifics, it is possible that this different product makes him not directly compete with his former employer.

            Only an attorney will be able to tell you.

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