QUESTION

non compete clauses

Asked on Feb 09th, 2013 on Business Law - New York
More details to this question:
Last summer I drove an ice cream truck, now I have just got one of my own. the contract I sign said I was not to compete for 2 years in a 75 mile radius. when I signed I was sure this was/ is ridiculous (mostly because training lasted 45 minutes and it was up to me to develop a route (no real trade secrets )) the question is I am I right and is it ok to go out and do the same route I did last year ? also would that contract hold up if I could prove they didn't live up to there end of the deal ?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
Non-compete clauses can be valid.  The issues you raised are the defenses.  For something like this, I cannot imagine that you would be sued, which would cost thousands of dollars.  If you are sued, you can either change routes or defend the case.  But, the burden is on the former employer to challenge you.  You do not need to sue to void the agreement, etc.
Answered on Feb 10th, 2013 at 10:29 AM

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