***Non-Compete Agreement***

[FinanceDude]

Quote:

Originally Posted by Texas Proud I disagree a bit... most seem to be like me (and you).... that his own leads are fair game... but I think he objects to the word (at least my word) 'stealing' when it comes to the other person's lead... Think of it like YOU... or even someone completely different... a hairdresser.... these people are there for the 'relationship' with the person... it really does not matter to much where you practice your trade... I am hiring 'you'.... (unless you go somewhere where it is the company practice to rip off customers... then I am gone)... I do not know if you work for a firm... but what would you think if the guy in the office next door went to another firm and took (or tried to take) everyone of your clients...

I have been down that road, I have signed non-competes before. Some are quite confining, some are not. He should NOT take the clients of OTHER folks in his old office. ALL the leads he generated through his own efforts ARE fair game, and he should not feel bad about taking those.

Again, unless we know the product in question, its hard to armchair quarterback this one. Most courts have ruled that if the non-compete does not allow a person the ability to go to antoher firm and make a living, then the non-compete is too confining, as a salesman has the right to go to a competitor. I don't blame companies for trying to protect their clients and prospects, but since OP has never signed the non-compete they gave him, the company would have little or no leverage if he left and took customers. No non-compete, no lawsuit........

[Space Mountain]

Quote:

Originally Posted by FinanceDude I have been down that road, I have signed non-competes before. Some are quite confining, some are not. He should NOT take the clients of OTHER folks in his old office. ALL the leads he generated through his own efforts ARE fair game, and he should not feel bad about taking those. Again, unless we know the product in question, its hard to armchair quarterback this one. Most courts have ruled that if the non-compete does not allow a person the ability to go to antoher firm and make a living, then the non-compete is too confining, as a salesman has the right to go to a competitor. I don't blame companies for trying to protect their clients and prospects, but since OP has never signed the non-compete they gave him, the company would have little or no leverage if he left and took customers. No non-compete, no lawsuit........

The product is actually a service with a reasonably long sales cycle. (3-6 months once prospect generates genuine interest.

Just to clarify: It is VERY unlikely I would be able to lure any CUSTOMERS away from former company. It would be the LEADS I would pursue.

Thanks.