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John Gallagher I'm an employment lawyer I represent individuals only and I'm located in Paoli Pennsylvania which is about 20 miles west of Philadelphia bail 15 minutes from the King of Prussia Mall or a Valley Forge State Park today I'm going to talk about what are commonly referred to as non-compete agreements and the issues that I would address are pretty much common throughout the United States non-compete agreements typically contained three separate covenants prohibiting action by former employees first confidentiality covenant second non-competition covenant third non-solicitation covenant now in general courts are not anxious to enforce a non-compete agreements unless there's evidence that the former employee is doing something wrong all right what are the types of wrongs that a court looks for Oh a dresser is by addressing each covenant separately first we have confidentiality covenants usually these covenants characterized all of the information owned by the company as being confidential and proprietary and in fact it is owned by your former employer even if you wrote it or created it while employed there so when you leave your company do not take with you any written materials or information contained on the computer when you go don't take any paper copies of sales forms customer lists etc and don't download any emails or information contained on the company's computer network that can only cause you problems it creates suspicion on the part of your former employer which generally will check and on your computer usage over the last week or so of your employment when you depart and it can create a problem if in your new employment you're using many of your former employers materials like sales forms were using their customer lessons to contact people so don't do that if you need information about anything when you leave your former employer it's generally available online you want to know the names of got possible customers just google the industry and you'll see it you want to know the possible contact person is you'll find it you want sales forms that this customer signed with your former employer just ask them for it when you contact them next and I'm going to go out order here is the non solicitation covenant this is the lightning-rod non-solicitation covenant generally says you can't do business with any former customer of your former employer don't get bogged down and what the word solicitation means it doesn't mean if they contact you first you're okay it also doesn't mean that you can work through an intermediary at your new company and never speak with the former customer and help the IOC's get their business not going to work a particular viewer in a sales role there is no way you signed an on solicitation covenant now your new employer is going to be able to attract and do business with a former customer of your former employer without you having a problem there's no way around it there's no coincidence etc etc so obviously there are lots of areas to discuss we're non-solicitation clauses are concerned but let me be clear the number one thing courts look for the number one reason the courts enforced non-compete agreements is when your new employer starts to do business with a former customer a reformer employer and if that happens nada are you begging for a lawsuit but you're probably gonna have a problem in court all right third clause non competition clause it generally says that you can't work for any competitor of your former employer courts really aren't anxious to enforce these covenants unless there's evidence that you've taken your former employers information with you and are using it in your new job or that your new employer is now doing business with a former customer of your former employer otherwise and lawyers know this throughout the country on on both sides the courts are not going to stop you from working for a competitor of your former employer just because you signed a contract that says you can't do so so in general if you're not going to be soliciting former customers were using your former employers information in your new job you can quote get away with and to quote the violating a non-compete agreement the biggest problem for people that have non-compete agreements where there is no specter of the possibility of particularly soliciting former customers is getting a job so the strategies associated with how to go about doing that or complicated I can't possibly and varied and I can't possibly address them all in this video but you could contact me or someone like me to assist you we often will negotiate with the former employer to minimize the scope and breadth of the non-compete agreement where we help strategically convince potential new employers that the non-compete agreement should not limit your opportunity to work with them I hope you found this helpful if you need further information give me a call and please check out our blog at employment 1:01 dot blog spot.com where we address non-competes and just about every area of employment law that we're aware of after 20 plus years of practicing law thank you very much and have a wonderful day