QUESTION
Agreement prevents me from working in the industry that has supported my family for 30 years. What options do I have to break away..lock of 2 years?
Asked on Jul 09th, 2012 on Employment Contracts - Kentucky
More details to this question:
I''m an independent consultant (A). Subcontracted by another independent consultant.(B). Consultant B loses a business contract, which in turn eliminates my work opportunity. According to the non-compete I cannot render services to, give advice to, become employed by or otherwise affiliate with, directly or indirectly with SAID association.
Here is the rub, SAID Association is directly or indirectly connected to all other businesses within its industry, which means I now must go outside of the industry to re-establish my career (of 30+ years) to secure a living for my family. While working for Consultant B, Consultant A (me) (for close to 7 years) committed over 95% of his time to the client of Consultant B. Unless I miss understand I cannot compete in the industry that I have worked for, for three decades until this agreement expires, 20+ months from now. Is this so? The geographical area that this non-compete covers is the continental US and International. I sincerely need help
1 ANSWER
In most cases, restrictive covenants in employment are not enforceable if deemed unreasonable. Some states (California) have even stricter rules, and will not enforce such a covenant under virtually any circumstances. Without knowing a lot more, it is impossible to determine whether your covenant is likely to be enforced in KY (I'm assuming that both you and the party with whom you signed the agreement are from Kentucky), but it seems, from what you have described, as if it might not be. The 2 year restrictive period and the geographical scope both seem as if they might be deemed excessive. You should consult a Kentucky attorney about this problem. If you can't afford one, consult the local bar association. Most bar associations have programs to provide help to people who can't afford attorneys.
Answered on Jul 10th, 2012 at 5:16 PM