Legal Question in Business Law in Delaware

I signed a non compete clause when hired. I had heard of such for sales position but my position is admin and after being hired I learned no one has had a wage increase in 8 yrs! I've asked for a increase and so far been ignored and now have an opportunity to leave for a better salary. If they would take legal action on the non compete what actually can happened ? In State of Delaware. It seems odd that they would pay court cost,etc on such a support position.


Asked on 7/17/17, 4:29 pm

1 Answer from Attorneys

Bruce McCullough Bodell Bove', LLC

There has to be an exchange of value for a non-compete clause to be enforceable but, if you signed it as a condition of hiring, that would suffice. A non-compete also has to be limited in duration and geographical scope. There is no bright-line test for what is reasonable for these requirements. It depends on the circumstances, the restrictions, and the job. The employer can file a lawsuit to enforce it. Whether it is worth the expense goes beyond the scope of legal advice. If you want to discuss retaining me to review the non-compete, please feel free to contact me.

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Answered on 7/21/17, 7:25 am


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