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Non-Competition(Literal translation) Arizona Arizona

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  • Non-Competition(Literal translation) Arizona Arizona

    Hi Law Community,

    hope your having a great Holiday Season !!

    can you help me out here, and decipher what this actually means ?

    here's a contract i signed 2 yrs ago

    ===============================================
    During the term of Employee's employment and for twelve(12) months thereafter provided Employee is being compensated (which I'm no longer being compensated) in accordance with Paragraph 2(paragraph 2 just tells how much I made per hour) is being paid severance(I received no severance)in accordance with this Paragraph, Employee shall not render services within a 50-mile radius of (company name) main office in any capacity to any person, business, firm or company engaged in any business competitive with the business conducted by (company name) at the time of Employee's employment with (company name), or the termination of Employee's employment
    ================================================
    since i quit company a couple of months ago, and no longer get paid by this company

    am i bound by the non-competition clause(please don't bring up it depends on which state i live in, no state rules are necessary to review)

    i want to know what is the literal meaning of this paragraph ???

    particularly the part I question is this
    -------------------------------------------------
    provided Employee is being compensated (which I'm no longer being compensated) in accordance with Paragraph 2(paragraph 2 just tells how much I HAD made per hour) is being paid severance(I received no severance)in accordance with this Paragraph,
    ------------------------------------------------

    since I'm no longer being paid is this enforceable and prevents me from hooking up with another company that works in the same profession and does the same type of work??

    thanks for your help and efforts !!

  • #2
    First, the state in which you worked is critical because each state has different laws regarding the enforcement of non-competition agreements. You cannot reasonably dismiss the importance of these differences by blithely and erroneously asserting “no state rules are necessary to review.”

    Two, you will want to retain the services of an experienced local attorney who can review the entire employment agreement in general and the non-competition provision in context. Even if a responder here knew the controlling state law, he or she could not likely offer a definitive opinion without reviewing the entire agreement. This is a job for in person review by a lawyer. (Considering the amounts at risk here, the money you spend on a consultation and/or a couple of hours of research by counsel will be well spent.)

    Finally, FWIW, I cannot begin to discern this provision’s meaning because the clause appears incomplete. It makes reference to a corollary severance provision. However, you make no reference to such a severance provision in your post. Without reading the entire agreement, I cannot conclude whether this confusion over the severance provision renders the anti-competition provision inoperable.

    Again, for all the foregoing reasons, you will want to invest in a consultation and review by local counsel.

    Comment


    • #3
      Agree - a non-compete agreement should always be taken to a local attorney for review & advice. (generally an employment or contract attorney)
      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


      • #4
        Even if a responder here knew the controlling state law, he or she could not likely offer a definitive opinion without reviewing the entire agreement.
        Caselaw is also a part of the 'controlling state law', so even if we looked at the statute and applied it to the clause in quesiton, the answer would still be incomplete. You do need to run it by an attorney.
        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.

        Comment


        • #5
          well first off thanks for your efforts responding ,


          I would have replied earlier but i didn't get email notice that you replied back

          the state is arizona,

          i typed exactly what was written in the contract,(i added parentheses for comments i felt were important) to help answer some obvious questions you would have,

          if you look at the paragraph without the parentheses, that is the exact paragraph i have in the contract

          all i want to know is thiseven though you somewhat answered this)

          since I'm no longer being paid is this enforceable and prevents me from hooking up with another company that works in the same profession and does the same type of work??

          thanks for your help and efforts !!

          Comment


          • #6
            You are asking a labor law bulletin board a contract law question. A local labor law attorney familiar with Arizona's laws will be able to answer your question. This is a free labor law bulletin board, which is not where you want to get the answer to this question. Your best bet is to take the complete document to the attorney -- many give free or reduced rates for the first consultation -- and see what they say. Good luck.

            Comment


            • #7
              Agree, you really do need to talk to an employment or contract attorney.
              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


              • #8
                Your state does recognize non-compete agrees as valid so long as they are reasonable and relevant to protecting the employer's interests. In other words, you need a lawyer to review this. What is "reasonable" is going to be very fact specific and depend upon your location, the industry and the information the company wishes to protect.

                Further, your state also allows for "blue lining" of contracts that are not reasonable. Translation, if there are parts that are reasonable and enforceable and parts that are not, the court can enforce the parts that area nd just scrap the parts which are not. It isn't an all or nothing kind of question. Again, this means you need a lawyer. Your chances of getting the whole thing tossed are very low, but only a lawyer who has read the full agreement and accounted for all the circumstances involved can advise you with any degree of certainty.
                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.

                Comment


                • #9
                  ESteele and ElleMD are giving you good advice.

                  A lawyer may not be able to tell you for sure if it is enforceable or not; he may only be able to tell you whether it is likely to be enforced by a court. You will need to discuss it with a local lawyer who is quite familiar with your state's law. Look for a lawyer who holds himself or herself out as an "employment" lawyer.

                  And in addition, some of the punctuation seems to be missing from what you posted, and punctuation can change the meaning of a contract provision.
                  Bob Bollinger, Attorney
                  Board Certified Specialist in NC Workers' Compensation Law
                  Charlotte, NC

                  Comment


                  • #10
                    Very helpful comments,

                    what a great helpful community !!

                    thank you all for your efforts responding,

                    i found some comments more helpful than others

                    but i appreciate even the effort to reply and try to help, so thank you

                    i especially would like to thank

                    it is obvious to me that some of you researched Arizona law

                    those of you who made this effort I want you to know I really appreciate your efforts, the research, and advice,

                    thank you again
                    Last edited by longhaireddude6; 01-23-2012, 02:51 PM.

                    Comment


                    • #11
                      I hope you took the non-compete to a local employment or contract attorney for his/her review & opinion as to whether the non-compete
                      would likely be enforceable in your area. An attorney is the person who
                      can give you the best advice.

                      You're certainly welcome for the advice you received here from the responders.
                      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

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