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question about non competes overlapping each other in Tennessee

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  • question about non competes overlapping each other in Tennessee

    A friend left a job for a company a little under one year ago. He had signed a non compete contract with a time frame of one year. During that time, he did take a job with a competing company and signed a non compete with them as well.

    He and the second company parted ways and the second company has threatened legal action if he competes with them in any fashion.

    My question is, does the non compete signed with the second company have any legal might, being as he was already under contract with the first company. Is it possible the signing of the second non compete is void due to the fact he was obligated to the first non compete agreement?

    Thank you

  • #2
    You need to take both agreements to a local attorney who needs to actually read both agreements in their entirety.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Anytime there is a question about a non-compete, your best bet is to always take the non-compete (non-competes in this case) to a local employment or contract attorney for review & advice.
      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.


      • #4
        Also, having the same person sign more then one agreement with more then one employer complicates the heck out of everything. Any lawyer worthy of the name is really going to want to read BOTH agreements.


        Very different issue but my parents created a Living Trust. Then after my mother died, my father rewrote the Trust. Problem is that the first Trust was not revocable. We ended up with two valid Trusts with conflicting instructions. One with all the assets and no instructions and the other with instructions but no assets. Interesting times.

        No offense, but the employee should have taken both agreements to an attorney PRIOR to signing the second agreement.


        Vanillia labor law is the government imposing rules on the parties. Any time you have a contract such as a NCA or NDA, you are no longer talking vanilla labor law. Documents always require lawyers to read the documents.

        Different states can and do have different rules on NCA and NDA but the exact wording of the document(s) is always an issue.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)


        • #5
          Agree that this is one for the lawyers and way beyond the scope of a message board.
          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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