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OT: Lawyers, Employment/Contract Law

DvlDog4WVU

All-American
Gold Member
Feb 2, 2008
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A friend of mine was just laid off from his sales job. His severance isn’t much, but enough to carry him for a couple of months, he’s not an executive. As part of the severence, it has a 2 year non-compete where he isn’t allowed to solicit his current clients. In his profession, that would be impossible if he stayed within this industry.

My questions:

Is that really enforceable? My in-house counsel has advised me in the past when I’ve wanted to add it to offers I’m sending out that it’s really nothing more than a scare tactic unless you contain significant IP and or are at the executive level.

What would they be entitled to if he violated it? The severance money? More?

This would assume if he broke it, and they found out about it, they’d have to sue him, correct? And as part of the lawsuit, they’d have to prove harm? If true, seems like a lot of asspain and money to get back not much money.

I know this varies from state to state, but a general read on this situation would be appreciated. Pro-bono ya chiseling shyster sons of bitches. Haha
 
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