What is the legality of a non-compete employment agreement? 3 Answers as of August 11, 2015

My question is regarding non-compete agreement. May I accept a sales position with a company that is in direct competition with my former employer? I was hired by a New York based company on 12/15/12, signed an agreement, and then laid off 2/1/14. I am the St Tammany parish based. My former employer does not have any existing business, nor was a specific territory defined in the agreement. Here is the excerpt from the contract:

(e) Competitive Business. For purposes of this Agreement “Competitive Business” will mean: (i) any enterprise engaged in developing, selling or providing a practice management system, electronic health record, consumer or physician Internet healthcare portal or interactive online personal health management products; or (ii) any enterprise engaged in any other type of business in which the Company or one of its Affiliates is also engaged, or plans to be engaged, so long as I am directly involved in such business or planned business on behalf of the Company or one of its Affiliates. 2. Non-Solicitation of Employees, Customers. In order to protect the Company’s Trade Secret and Proprietary Information, (i) during my employment with the Company and for a period of one year after the termination of such employment for any reason (the “Restricted Period”), I will not, without the Company’s express written permission, during the Restricted Period, I will not, without the Company’s express written permission, directly or indirectly contact, call upon or solicit, on behalf of a Competitive Business, any existing or prospective client, or customer of the Company who I serviced, or otherwise developed a relationship with, as a result of my employment with the Company, nor will I attempt to divert or take away from the Company the business of any such client or customer.

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Behren Law Firm
Behren Law Firm | Scott Behren
I would have to review your non-compete in full but there are many defenses to enforcements of these kinds of suits. Feel free to call or e-mail to discuss further.
Answer Applies to: Florida
Replied: 8/11/2015
resubmit your question, and identify the state involved. It varies by State. If you are in GA: No attorney can answer your question can not be answered without reading the entire agreement.
Answer Applies to: Georgia
Replied: 8/10/2015
Fox & Fox, S.C. | Richard F. Rice
An attorney would need to review your non-compete to determine if it is valid.
Answer Applies to: Wisconsin
Replied: 8/10/2015
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