Am I breaching my non-compete?

Asked 8 months ago - Richmond, VA

I'm in the process of leaving a personal training company and going to work for my husband's company. My clients want to come with me and I know I can't take them due to my non-compete. However, if his trainers from his company were to train them, would I be breaching my agreement? Here is part of what I have signed: "During the term hereof and up to 2 years following termination for any reason, whether voluntarily or involuntarily, you will not solicit or do business with, directly or indirectly, any present or past customer of the Company, or any prospective customer of the Company with whom you have had contact, each in connection with a Competitive Business Activity which would violate any other provision of this Agreement"

Attorney answers (3)

  1. Monique Antonia Miles

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Based on the language of the agreement, if you solicit a client away from your current company or do business with their clients within 2 years of leaving their employ, then you are in breach. If your clients decide to go to your husband's company because of you even if they are not training with you, then that would still be a breach of the agreement.

    The contents of this post do not establish an attorney-client relationship. Any comments made in this post are... more
  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . In my opinion, yes

  3. Mishka L Marshall

    Pro

    Contributor Level 17

    Answered . Non-compete agreements are governed by the terms of the agreement and the law of the state in which it was entered (or the law of the state identified in the agreement). Some states greatly disfavor non-competes while others tend to lean toward enforcing them.

    The language you have quoted seems to indicate that even in other trainers in your husband's company trained clients you worked with at your current company, your current employer could probably make a credible argument that you are at least indirectly soliciting its customers. Given the circumstances, it seems like direct solicitation. However, the best way to determine if this is a violation is to have a local employment or business law attorney review the agreement, discuss the details of your business, and advise you on your options. Good luck.

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