Noncompete Clause Concerns
My friend and I both work for a window cleaning and power washing company, and we’re eager to start our own business to earn full commission since we’re fed up with low pay. However, we just realized that we signed a noncompete clause that prevents us from starting a similar business within 200 miles for two years after leaving the company. This is where we messed up.
Right now, we’re exploring the possibility of having a conversation with our boss to see if he would let us open our own business without facing a lawsuit. We’ve both been loyal employees for about a year, and we hope he might consider that. Unfortunately, the threat of a lawsuit would seriously derail our plans.
Any advice or insights on how to approach this would be greatly appreciated!
P.S. We’re both 19 and living on our own, so finances are tight! 😂
2 Comments
It sounds like you’re in a tough situation, and it’s great that you’re considering your options carefully. Here are a few thoughts on how to handle the noncompete clause:
Open a Dialogue: It may be worth approaching your employer to discuss your desire to start your own business. Be honest about your feelings regarding salary and commissions. Sometimes, employers may be willing to negotiate terms, especially if you explain your situation and your loyalty to the company.
Seek Legal Advice: Noncompete clauses can be complex and vary by state. It may be beneficial to consult with a legal professional who specializes in employment law. They can help you understand the enforceability of the clause and your rights.
Consider Possible Alternatives: If negotiating directly with your employer doesn’t work, think about whether there are ways to gradually transition to your own business while remaining compliant with the noncompete. For example, you could consider focusing on a niche market or offering services outside of the main services covered by the noncompete.
Build Your Business Slowly: If you’re really passionate about starting your own venture, you might consider building it on the side without directly competing until the noncompete period is over. This way, you can start networking, marketing, and preparing for your business early.
Check Local Laws: In some jurisdictions, noncompete clauses are not enforceable if deemed overly restrictive. Research the laws in your area or ask your legal advisor about this.
Document Everything: If you decide to approach your employer, ensure any agreements are documented. Having clear terms can protect both parties and help avoid misunderstandings.
Navigating this type of situation can be tricky, but being proactive and seeking the right advice will help you make informed decisions. Good luck!
Navigating the complexities of a noncompete clause can be quite challenging, especially at such a young age and at a pivotal moment in your careers. It’s commendable that you’re looking to discuss your situation with your boss rather than jumping straight into competition, as maintaining a positive relationship can be beneficial for future references or even collaboration opportunities.
When you approach your boss, consider framing the conversation around your desire to grow professionally and potentially offer solutions that could benefit both parties. For example, you could propose a gradual transition where you could help train new hires before leaving, or suggest ways you could collaborate in the future. Additionally, express your appreciation for the experience and skills you’ve gained during your time there.
As a precaution, it might be wise to consult with a legal professional who specializes in employment law. They can provide clarity on the enforceability of the noncompete agreement in your state, as these clauses can vary significantly in their legality and enforceability.
Lastly, consider brainstorming alternative business ideas that could complement your current employer’s services without directly competing. This could alleviate some concerns about legal repercussions and may even lead to a fruitful collaboration down the line. Best of luck in your discussions — it’s an exciting journey ahead!