does this clause really hamstring me from either changing companies or starting my own? Is it actually enforceable? (We have two family/friend lawyers telling us no, but the prospect of being frozen out of the whole industry for 6 months is scary).
IANAL BUT Non-solicitation is a bit different than a non-compete - it means you can’t approach the same customers for 6 months - so you can work in the industry, but you can’t go sell Widgets to Intel on your own or at a new job, if you were previously selling Widgets to Intel at current company.
BUT these have been criticized in court but less so than non-compete, which are usually seen as unenforceable for the average worker, except specific industries. I would ask to at the very least to modify it for a specific geographical area or exclude it entirely if that seems like it threatens future employment.
In those situations that would be when there is only one buyer (a monopsopy) That would be like if you sell Military Weapons and your only buyer is the US Military, if you weren’t allowed to go sell Military Weapons to the US Military at another firm for 6 months, that would be a restriction on seeking work if you’re an expert on Military Weapons.
This is pretty much my understanding too. Non-solicitation isn’t a big deal. Non-competes need to come with massive payoffs so you can relax on a beach for a year while you scheme your next startup.
Okay. Thank you guys. It’s a small industry on the experts side but less so on the customers side, but still pretty small, especially since he’s ending up being hyper specialized within the industry. So for a big part of his work he’s one of like 3 people in the country.
I went to law school with Kirsten Rush who does worker side of labor and employment law. If you want to reach out to her for an expert opinion she’s at 503-248-0504, krush@busseandhunt.com. She’s good and my husband does corporate side and respects her. I’m a lowly tort litigator and have no idea what happens with all the labor and employment law stuff
Good news- his unofficial mentor at another company (neither the one he works with, or the one hiring him) thinks it’s fine. And he’s had to fight and buy out a noncompete himself, so he’s seen the ugly side of it first hand. That carries a lot of weight in the discussion. So he’s thinking he’ll instead focus on just negotiating salary and PTO.
YES YES YES YES YES
I misunderstood and thought the non-solicit was in his CURRENT contract and he was trying to figure out how to move on without triggering it. YAY for not that!!
My dryer is shit at drying clothes. I have cleaned out the vent twice now so I’m pretty sure it’s not lint buildup. Anything else I should try before I give up and buy a new dryer?