I work in sales and have a non-compete. Is it valid in Hawaii? Can I or a potential employer get sued by my current company I'm with should I leave?
Question Details: I've been in advertising sales for 12-years, mainly in radio. My strength is in radio. I have a non-compete agreement with my current employer that prevents me from seeking employment with any broadcast company that includes all radio companies (4 companies) as well as all TV stations (3 companies) and cable TV (one company) on Oahu. We live on such a small island with a hand full of employers in my field of profession that this non-compete is restrictive and doesn't allow any chance to seek employment elsewhere. I would like to work in TV sales.
Non-Compete agreements are enforceable in Hawaii. However, they must be reasonable with regard to time, geographic location and scope. Hawaii is unique because of our geographic limitation. The courts will look to the reasonableness of the terms. If the terms were reasoanble and you violated the terms, you could be sued by your former employer. While not strong claims, I can think of claims that could be brought against your new employer if it knowingly hired you with the restriction. Believe it or not I have seen employers waive the restrictive clause for certain employees. You could bargain for this by you waiving 2 weeks severance and other benefits. You should read your clause carefully to see what exactly the restrictions are. It might only restrict you from working for a competitor, meaning a radio station in the same market.
