Non-Compete Agreements

[Smokey Bear]

Geez, Morph, Contracts class was 20 years ago - I don't remember. :-(

 

[Metamorphic]

Crap!, Now its going to bother me till I figure it out again. Its like a song I cant get out of my head.

 

[PropertyEconomics]

So why not go to your employer and tell them you have found a new client (dont disclose their name just yet), negotiate a higher split on the jobs you bring to the firm, take the work into your firm and make the extra money. Amend your original contract to say you do all of the work for the clients you bring in.
Everyone here is telling you how to get out of the contract, why not contemplate making the work load beneficial to both yourself and those that taught you how to appraise? Its time to renegotiate.
In one situation you make a percentage split .. in the other you make nothing ... or you make it all. Which is a sure thing?

You signed a contract and now you want out of it? So much for ethical obligations.

 

[RaRay]

Already been down that road and there is much more to it. Wouldn't it be nice if things were that easy and everyone was so reasonable in their thinking to protect the interest of one another. But thanks for the advice. Thank you to everyone.

 

[Joyce Potts]

Oh just take the big step and go out on your own, hire new people, train your competition and perhaps it will open a whole new perspective.

 

[timd354]

RaRay,

Do not do anything based on any comments your read in this forum regarding your situation except for the advice to consult an attorney who is familiar with employment law and non compete contracts in Ohio. Only then will you be well informed of your rights, obligations and liabilities pertaining to the contract and be able to make an intelligent decision regarding what the best and most prudent course of action is in your situation.

 

[reaper]

Attorney first. But my wife was in the same boat and in AZ anything over 6 months is considered unreasonable. Also in AZ if one portion of the contract is considered invalid then the entire thing is thrown out. Took us some time and quite a bit of $$, but we got it resolved. Now we are FREE!!

Our strategy was to make him chase us. If your state laws are clear it might be more economical to make him sue you. Get that attorney though!

 

[Doug Wegener]

void for vagueness

Smokey,

Refresh my memory. What's the name of the legal principal where any ambiguity in the language of a contract is decided AGAINST the party that offered the contract?

That would seem to be at play here. There's ambiguity about what his "area" is and where their "market area" covers, its unclear what concession he won for his non-compete, all in addition to the fact that he's not being kept employed and the overall flavor of the agreement seems punitive rather than protective.

I got into a dust up with an insurance company one time. I spend about 3 days researching the law on the subject started using the terminology in my correspondence with them. That seemed to be the point at which they started rolling over.

Void for vagueness.