Can you get sued for breaking a non compete?
Generally, if you violate a valid and enforceable non-compete agreement, it is likely that your employer will file a lawsuit against you.
What happens if you violate a non-compete agreement?
Furthermore, if you violate a valid and enforceable non-compete agreement, the employer who is a party to the non-compete agreement can file a lawsuit against your new employer under state law for tortious interference with contract or business relations.
What to do if you break a non-compete?
If you are weighing a job transition, or your ex-employer is threatening non-compete litigation, we can help. Contact the firm for a free consultation at (540) 585-1776.
Who is liable for a breach of a non-compete?
Liabilityis legal responsibility for one’s actions and/or omissions. In the context of non-competes, an employee is “liable” for breach of a non-compete if he/she violate the terms of the non-compete (i.e. works for a competitor during the prohibited timeframe, geographic area, etc.).
Is it possible to prove a non-compete is enforceable?
In general, it is very difficult to prove that a non-compete is enforceable. A majority of cases conclude that the non-compete was unenforceable. Generally, overly broad non-competes will be unenforceable, while the narrower, upheld non-competes will only prevent the employee from soliciting or working with the former employer’s clients.
What happens if you break a non-compete agreement?
Leaving many employees to wonder, what happens if you break a non-compete? There are three potential outcomes if you break a non-compete. Outcome #1 – The company does nothing. You signed the non-compete, quit your job, and joined a competitor across town. Technically, you’re violating your non-compete.
Why are non compete lawsuits follow the money?
Non-compete lawsuits tend to “follow the money” because every civil lawsuit has two phases: liability and damages. Liability is legal responsibility for one’s actions and/or omissions.
Liabilityis legal responsibility for one’s actions and/or omissions. In the context of non-competes, an employee is “liable” for breach of a non-compete if he/she violate the terms of the non-compete (i.e. works for a competitor during the prohibited timeframe, geographic area, etc.).
Can a former employer Sue you for non-compete?
The threat is that if you do not “cease and desist” (in layman’s terms – “stop”) doing something – like working for a competitor – your former employer will sue you. Most of the time, the matter ends there. Often the parties can work things out short of legal action. And, very frequently, your former employer is just bluffing.