Legal Question in Business Law in Kentucky

Non Compete in Kentucky / Indiana

I worked for a rental company as a customer service rep., in Clarksville, IN. The company doesn't require their CSR's to sign non compete agreements. I then took a job with the same company in Indianapolis, IN (100+ miles from Clarksville, and Louisville, KY where I currently work. My new position was a Sales Rep, and they did require me to sign a non compete. However, it only carries a 50 mile radius. My current job is in a similar indsutry, but it is strictly sales. My former employer is now trying to uphold my non compete because I performed services at the clarksville store (this is within a 50 mile radius). However, I didn't sign my non compete at that store. Do I have anything to worry about?


Asked on 4/10/07, 8:24 pm

2 Answers from Attorneys
Gregory Napier Troutman & Napier, PLLC

Re: Non Compete in Kentucky / Indiana

There is indeed much to worry about: global warming, the war, increasing poverty. But, instead of worrying about this, I recommend following the advise of Ms. Van Wert and taking the actual contract in to an attorney and having them look over the document. It would be worth the consultation fee.

A part of the court determining if a non-compete agreement is reasonable, is whether you position allowed you access to proprietary information, such as client lists.

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Answered on 4/11/07, 1:05 pm
Suzanne Van Wert Van Wert Brown

Re: Non Compete in Kentucky / Indiana

This is a question that is difficult to answer without seeing the non-compete provision of your contract.

A non-compete agreement is generally upheld as long as the terms of the non-compete are reasonable: more specifically, if it is for a specific duration of time or covers a specific area or mile radius. Just going on the information you have provided, a 50 mile radius would most likely be upheld by a court. If your contract is limited to a specific franchise location, there would not appear to be a problem, but if the contract covers every franchise location, the provision might be construed as unduly restrictive, and thus, unenforceable.

I would strongly recommend taking the agreement to an attorney to review to determine whether or not you are in violation of that agreement.

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Answered on 4/10/07, 9:55 pm


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