Legal Question in Business Law in Tennessee

Non-Compete Agreement

I signed a Non-Compete

Agreement with my last

company which was valid for 2

years after my tenure ended.

In November of last year my

position was eliminated. Now I

may have a job opportunity

with one of my previous

company's competitors. I

have made a good faith effort

to find a job in other industries,

but nothing has materialized.

Can my previous employer still

enforce the Non-Compete

Agreement even though I did

not quit, I was not fired and

my position was eliminated?


Asked on 1/13/09, 11:51 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Non-Compete Agreement

It depends, in part, on the language of the noncompete agreement. For general information about noncompete agreemets, you can visit my website, www.memphisemploymentlawyer.net.

Noncompete agreements,though enforceable, are disfavored in Tennessee law. First, the employer has to have a legitimate agreement. This means that the employer must have something to protect. Next, the agreement must be reasonable in both its geographic and temporal scope. Finally, the court must find that the agreement is no broader than necessary to protect the employer's legitimate interests.

If you would like me to take a look at your agreement, please e-mail me at [email protected].

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Answered on 1/14/09, 11:56 am


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