Yes, I have
Posted By: Me on 2007-09-13
In Reply to: No-Compete Clause - MT In A Panic
And attorney #2 is correct. That said, if the amount of severance is a pittance, you might be better off to just refuse it and not take *any* chance of them prosecuting you.
But I don't really have enough information here. How could they possibly tell you you can't work in your same *field*? I just don't think it's enforceable, nor will they want to spend $$ to test the strength of the agreement. They *might* prevail in some circumstances, but without knowing more details I could not give a further opinion.
When I signed one of these things and *did* want to compete with my former employer (different type of business), I was told their contract was TOO restrictive (the mileage area and time covered) and they were right. Non-compete clauses are reasonable for a company to ask for, but ONLY if the parameters within the contract are fair.
You just have to balance risk with the amount of $ you'd be passing on. If it's really that low and you don't *need* the money badly, I'd pass on signing and on the $. Otherwise, I'd take my chances the contract was mostly bluff.
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