What contitutes the violation of a non-compete agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

What contitutes the violation of a non-compete agreement?

I’ve been working for my company for 2 years and my ex-girlfriend was in a similar line of business and then decided start her own business. All of her company mail still goes to my address and is registered at my address but I am no way associated with her company. I have a non-compete clause with my company. Could this pose as a problem for me?

Asked on May 3, 2013 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What exactly does your non-competition agreement--which is a contract, and therefore is governed by its specific terms--say? If it says, for example, that you shall not assist any competitors or anyone in competing, then allowing your ex-girlfriend's businss to be registered at your address and her business mail to go your address could easily be a violation of it: you would be providing assistance.

Also, as a practical matter, if you have a competing business registered at your home and its mail going to you, it may be very difficult to prove that you are not more substantially involved (e.g. performing work or consulting services for it). It would be best to correct this situation and sever all relationship with the competitor.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption