QUESTION
What can I do with this non-compete contract?
Asked on Aug 19th, 2015 on Labor and Employment - Wisconsin
More details to this question:
My husband is in sales for a plumbing wholesale company (A) that was recently purchased by another rival company. My husband came back to work at plumbing company A just over a year ago. He had left A for about 8 years, after working there for almost 20 years. His customers followed him to company "B" and then followed him back to A. Now this new company, "C," wants to hire him. They stated they have wanted him for a long time - and he has been trying to persuade his customers to follow him here to C (they have had previous dealings with C and don't really want to deal with them). The new company wants a no compete clause stating for up to a year he can't call on any of his customers he is bringing to them or go work for a rival in the same capacity. Is there any way or addendum that excludes what you bring to the company or is this entirely their way or the highway? In these tough times it's hard to turn down a job but hardly seems just.
3 ANSWERS
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I would engage an attorney to review the proposed contract, and to try to make reasonable exceptions to it to protect your husband and his ability to work if the new relationship does not work out. If that is not possible I would suggest that he seek employment with other companies in the field which he feels better about and who may well be interested in his services to those people and customers he could bring with him.
Answered on Aug 19th, 2015 at 6:19 PM
No one can advise you without reading the entire contract.
Answered on Aug 19th, 2015 at 3:08 PM
Your husband can negotiate the terms of his contract and non-compete but eventually needs to decide if he will accept what is offered or not.
Answered on Aug 19th, 2015 at 2:51 PM