Ho binding is a no compete clause in Iowa

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Ho binding is a no compete clause in Iowa

I worked for a company for 10 years went to work for another 80 miles away for 10 months. Not what he had promised and I want to go back to the old company. How much trouble will this cause me?

Asked on July 15, 2016 under Employment Labor Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If  you signerd a valid non-compete agreement, then you can be held to it regarding your work for any competing employer, even your former employer. And if you breach this agreement, you can be sued and forced to quit. Perhaps it is time to speak directly with a local employment law attorney who can review it. Possibly they can have the agreement nullified (made uneforceable) by a court due to: overbroad geographic restrictions, excessive length time it's in effect, lack of consideration, etc.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A non-competition agreement is enforceable as per its plain terms: if the terms of the agreement will prevent you from going back to your former employer, then you can't return to it: if you do, the current employer can sue you for monetary compensation and/or for a court order forcing you to stop working for the former employer. The fact that you used to work for the other company does not mean that the non-compete does not apply.


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