An interesting question. No Compete agreements and such.

[bcshields]

I have two non-compete agreements signed with my former employer, an RSP. One as a contracted installer, and the other as an employee. When I was an employee I performed virtually every task from dispatch up to payroll, including pitching whatever sales walked in the door.

Now here's my question: Would working for a retailer, or even a sales partner who does nothing but sell Dish systems, which would in fact go to the RSP in question through their queue as work to be completed and paid to them, be considered as "competition" to their business, and therefore a violation of the Non-Compete agreements?

 

[webbydude]

I'm no Matlock, but technically speaking, I would say it violates the sales portion of the non-compete agreement. At the same time, I've never heard of an RSP fighting any former worker over a non-compete.

 

[Liquidforce88]

They can't stop you from making a living. The only thing you could not do is take their customer accounts. Since they are an RSP I don't think you are really gonna take accounts from them.

 

[Van]

Its a grey area and could be considered a conflict of interest legaly speaking as the sales partner does sales but so do rsp's and if your working for the sales partner as a salesman and working for the rsp as a salesman selling the same product you may find yourself in a sticky spot. Best thing to do is to ask the sales partner or the rsp to check with theyr legal beagle on this, better to do it before you are vested in the new job.

 

[SimpleSimon]

Yeah - lawyer should be consulted.

It DOES vary by state. In some, "non-competes" are not enforcable.

 

[GaryPen]

Exactly, if you are an auto mechanic, for instance, your ex-employer, a Ford dealer, could not prevent you from making a living by preventing you from working at a Chevy dealer.

The same would apply to a DBS installer or salesperson. It is what you do for a living. Your ex-employer cannot prevent from persuing your occupation with another DBS-related employer, as long as you do not poach their customers or use their intilectual property at your new employer.