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Is a non-compete enforceable if offered promotion?

Discussion in 'Employment Contracts & Work Policies' started by Aja7, Apr 25, 2015.

  1. Aja7

    Aja7 Law Topic Starter New Member

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    Quick story. I was offered a job in New Mexico as a Sales Rep for a rental company with the idea of going into management, which is my background. I was given a 6 month commission guarantee and signed a non-compete contract. Well my guarantee is now over and the territory I have been assigned is only generating about $2000 a months in commission where my guarantee was $5000. Other territories surrounding me generate $7-10k a month in commissions. I cannot make a living on what I am making on commissions now.

    Coincidentally a competitor contacted me through LinkedIn after seeing my background and offered to set me up in a management salaried position in the same town making $100k/yr.

    Would a non-compete be enforceable in stopping me to take a promotion my current employer is not offering me where I could actually provide for my family as I can't with current situation?

    My alternative is to quit and go back home to find work since what Iam making now does not come close to covering my bills.
     
  2. cbg

    cbg Super Moderator

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    We cannot interpret the terms of an agreement we have not read. There are no laws that declare non-competes void, or for that matter that enforce them, if circumstances change. It's going to depend on the terms of the actual agreement as applied to your state's contract law.

    To see if the non-compete is enforceable or not, you're going to need to take it to an attorney in your state.
     
  3. army judge

    army judge Super Moderator

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    Non-compete covenants aren't simply black and white, or cut and dry.
    They can be very gray and unclear.
    Will a judge allow them to be enforced?
    Its hard to say.
    Courts do believe that people have the right to ply their trade.
    That said,its always best to consult a NW attorney before signing any agreement.
    If you missed that boat, do so ASAP.

    Let's agree that such agreements aren't bullet proof.

    Here's some reading on non-compete covenants:

    http://employment-law.legalmatch.com/NM/Albuquerque/covenant-not-to-compete.html

    http://www.lawserver.com/law/articles/non-competition-agreements-in-new-mexico

    http://www.justanswer.com/employment-law/64q4m-new-mexico-non-compete-agreement-enforceable.html

    http://skloverworkingwisdom.com/blog/how-to-defeat-a-non-compete-ten-effective-defenses/
     
  4. Betty3

    Betty3 Super Moderator

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    The bottom line is you need to take the non-compete to a contract or employment attorney in your area for review & advice. Every non-compete isn't worded the same - you need an attorney to read it. Good luck.
     

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