If I switch sales positions in my company, would a noncompete be enforceable?
Question Details: I started in May 2004 with a company as a hardwood flooring rep. I signed a Confidentiality and Nondisclosure agreement but one paragraph is wordy and can be construed as almost a noncompete, but no job title or scope is mentioned neither is a terrirtory. I switch sales positions with this company to a different sales position and promoted to a new territory and selling many different products than my original position in Sept. 2004. Salary remained the same, but different commission structure. Can the possible non compete be enforceable given this information?
Employment and Labor Law Answers
Noncompetes are enforceable. regardless of whether you change positions in the company, the noncompete remains in effect and usually is triggered after you leave the company. whether noncompetes are enforceable is a question of law under the contract. the courts look to the geographic area and the time restriction. I would need to see the contract in order to be able to give you a definitive answer. However, if the noncompete is vague or ambiguous, then you may not have to worry about its enforcement against you. I suggest that you hire a lawyer to review your contract to determine whether it is enforceable. most lawyers will meet with you initially for free.
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