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Non Compete in Nevada

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  • Non Compete in Nevada

    I work for a Valet Company in Nevada. They are currently under investigation by the state and federal labor board as well as the IRS. I think they are going to be shut down. I want to start my own Valet company, just in case. I signed a non compete when I was hired and was wondering if it would apply if the company was running there business this illegitimatly? Any insight would be greatly appreciated.

  • #2
    Since we have not read your non-compete, we cannot tell under what circumstances it would or would not be enforceable. You will need to show it to a Nevada attorney.
    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
      I will say, though, that I believe your employers have enough on their plate right now...

      Unless they have unlimited funds and time, why would they waste either on tracking down a wayward employee. They have bigger fish to fry.

      Doesn't mean they won't... and you will still want to run it past an attorney.
      Not everything that makes you mad, sad or uncomfortable is legally actionable.

      I am not now nor ever was an attorney.

      Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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      • #4
        Courts in Nevada will enforce non-compete agreements between employer & employee if they are reasonable.

        As suggested, take the agreement to an employment or contract attorney for review & guidance.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          I'm trying to get a copy of the non-compete without stirring up too much. Why is there so much speculation on the internet on whether a non compete is or isn't enforcable in Nevada?

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          • #6
            It depends on how restrictive they are for one thing & they are all not worded the same. Therefore, you really need an employment or contract attorney to read it & advise you.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Originally posted by vegasv View Post
              I'm trying to get a copy of the non-compete without stirring up too much. Why is there so much speculation on the internet on whether a non compete is or isn't enforcable in Nevada?
              Non compete employment clauses are evaluated for thier enforceability based on the situation that existed between the employee and employer at the time they are signed, the relative bargaining power of the parties, the detriment the employee would suffer if the non compete were enforced, the geographic area they cover, the effect on the ability of the employee to earn a living if they were enforced and the effect enforcement would have on the public (deprivation of the public of theservices of the individual that would be bared from offering thier services).

              Some states are more tolerant of non compete employment contracts. Federal courts are required to apply the state laws where they sit.

              The best way to find out if non compete agreement you signed is enforceable in the jurisdiction where you reside is to consult a local attorney and have him evaluate your situation.

              Eric

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              • #8
                I finally got my hands on the non compete. I typed it out removing any incriminating names.


                Employee Non-competition Agreement

                Be it known, for good consideration, and as an inducement for (Company), INC to employ (Employee), the undersigned Employee hereby unconditionally agrees not to directly or indirectly compete with the business of the company and its successors and assigns during the term of employment and for a period of two (2) years following the termination of employment and notwithstanding the cause or reason for termination or whether the termination was due to the company.

                The term “NOT TO COMPETE” as used herein shall mean that the employee shall not own, manage, operate or consult in a business substantially similar to or materially competitive with the present business of the company or such other business activity in which the company may engage during the term of employment. The agreement shall extend only to such geographic areas as the company generally transacts business within, and shall extend to the existing customers or accounts of the company no matter where located.

                The employee acknowledges that the company shall or may in reliance of this agreement provide employee access to trade secrets, customers lists and other confidential and proprietary data and that the provisions of this agreement are reasonably necessary to protect the company and its good will. Upon any breach hereof the company shall be entitled to injunctive relief together with money damages at law.

                This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns and personal representatives under the laws of the state of Nevada.

                In Witness whereof, the parties hereto have executed this agreement on this day of ……

                Comment

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