Non Compete Clause
Mr. PE:
Most of those non compete clauses are not worth the paper they are written on, in most states. I know it has been tried in the medical field and the courts rule against it, citing that the person has a right to make a living in their respective profession. Most people who abide by the non compete clauses do so because they don't know that they can get out of it.
Or can it be that those who are honorable don't need a non-compete clause?
I have a verbal agreement with the man who approved my work, made changes as needed, and signed reports with me until I got my ful license. I still do not compete directly with him years after we terminated our formal relationship when I became licensed. He coveres two counties, and I cover two other counties.
It is a gentlemans agreement. Completely unenforceable in court. Does that mean I "poach" in his pond? NO! Can I "poach"? Yes. But, when I market, I do ask if P.G.S., cert res, has a working relationship with them before/when I make my sales pitch. If they do I inform them that I will not be accepting any assignments in certain counties.
If you can't trust the trainee after you cut him/her loose, better to not work with him/her at all.
Before you pile on about my leaving my mentor directly after only getting licensed...
I wrote my first appraisal in 1986 (prior to licensing and USPAP). I have worked as a Loan Officer, Real Estate salesperson, Real Estate Appraiser, and consultant for two cities for their housing rehabilitation federally funded (CDBG) programs. The license was a legal necessity beyond my already extensive knowledge and expertise. I don't mean to sound pompous or obnoxious, but just stating facts.