In this episode of The Quit Getting Screwed Podcast, Kelly Stamy joins Karalynn to discuss the trying topic of the non-compete clause. From the basics to the nitty gritty details, Kelly uses her expertise to illuminate it all. Non-competes can cause some company strife, so it is essential to understand how they work and the many ways they can both help and hurt you.
Non-compete clauses are used in an employment contract and falls over a wider group of things known as a “restrictive covenant,” which is a legal promise. Non-compete clauses are predominantly implemented not to prevent the hired party from moving to a different company, but instead to prevent them from taking clients and other interested parties with them. You do not want them taking your clients, and a non-compete contractually obliges folks from going to work for a competitor within a certain amount of time and/or within a certain distance, making it less likely that this is possible.
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While non-competes are popular, Kelly does note that she even prefers a Non-solicitation clause, which explicitly prohibits reaping clients, customers, and even employees from the company they are leaving. They tend to be a bit easier to enforce than a true non-compete, but this is predominantly because non-competes are usually used incorrectly. Kelly articulates exactly why that is, and more, in this juicy episode.
As a construction professional, it is imperative you know the elements of a contract and how they can work for or against you. This episode is a comprehensive breakdown on one of the many pieces of the contract puzzle that it would serve you to be informed about. Do yourself a favor, and subscribe to The Quit Getting Screwed podcast so you never miss another episode. For more from Karalynn, follow The Cromeens Law Firm on Facebook, LinkedIn, or Instagram. You can also purchase the book that started it all, Quit Getting Screwed, on Amazon.
This article is intended as a general educational overview of the subject matter and is not intended to be a comprehensive survey of recent jurisprudence, nor a substitute for legal advice for a specific legal matter. If you have a legal issue, consult an attorney.