12 month non compete Help

[Spooks]

Hi.
I work in private Aviation and have done so for many years.
in jan 2018 I joined a new company who manufactures the aircraft ( pretty much like Rolls Royce for cars as an example)
I had without paying too much attention signed A 12 month non compete.
after 18 months I had realised I had made a massive mistake. The company was killing me ( and my colleagues) so I decided to look elsewhere.
I analysed the 2 offers I had to ensure I didnt make the same mistake again.
the Vice President of the company I had intended to join did things correctly by going to an event in the USA to discuss me joining them without complications with the Senior VP.
This was fully agreed

I had since decided to join company 2.
I resigned Jan 16 but yesterday I received an email stating I have a 12 month non compete.
The employer sent also a letter to my new employee stating the same.
The Senior VP had left the company also but I am still in good contact with him.

I really feel shocked.
Potentially it means I cannot work for 12 months( meaning 9 months unpaid) and I'm really worried.

even though the businesses share some ac types that are the same my new company also deals with many other manufacturers.

I'm in a real mess here

Please help

[ULA]

Can you anonymise and post up the non-compete clause from your contract the company is relying on.

[Spooks]

I work in private Aviation and have done so for many years.
in jan 2018 I joined a new company who manufactures the aircraft ( pretty much like Rolls Royce for cars as an example)
I had without paying too much attention signed A 12 month non compete.
after 18 months I had realised I had made a massive mistake. The company was killing me ( and my colleagues) so I decided to look elsewhere.
I analysed the 2 offers I had to ensure I didnt make the same mistake again.
the Vice President of the company I had intended to join did things correctly by going to an event in the USA to discuss me joining them without complications with the Senior VP.
This was fully agreed

I had since decided to join company 2.
I resigned Jan 16 but yesterday I received an email stating I have a 12 month non compete.
The employer sent also a letter to my new employee stating the same.
The Senior VP had left the company also but I am still in good contact with him.

I really feel shocked.
Potentially it means I cannot work for 12 months( meaning 9 months unpaid) and I'm really worried.

even though the businesses share some ac types that are the same my new company also deals with many other manufacturers.



Please help

[ULA]

Hi Spooks, sorry this is just a repeat of your first post. I actually need to see the non-compete clause in full. Many thanks

[Spooks]

SORRY see below

To clarify I am not joining the listed companies mentioned

XXX is a manufacturer say like ROLLS ROYCE of cars
The Company I will join is like a 3rd party company offering msintenance to a number of manufacturers

Also i learnt my skills and experience long before XXX and they hired me for my experience and I tske nothing in anyway to use against them during my working time there

This letter is being sent as a courtesy reminder of your ongoing duty not to disclose XXX confidential and proprietary information. When you accepted employment with XXX, you signed both an offer letter and accepted to follow the Code of Ethics where you agreed not to use, divulge or disclose to anyone XXX confidential information including, without limitation, trade secrets, customer lists, potential customer lists, intellectual property, business plans and strategies, market studies, financial information, cost and pricing information, product planning, terms of agreements with customers and suppliers, personal employee information, legal documents and all information which could reasonably be considered to be confidential in nature. In addition to the written agreements referenced above, you also signed a non- competition and non-solicitation agreement when you accepted employment with XXX in which you agreed, inter alia, not to: Be employed or otherwise provide services, directly or indirectly, to the following companies or any of their affiliates: TAG, Harrods, RUAG, Aero- Dienst and Jet Aviation in a role involving service sales of business aircraft similar to or competitive with those produced by XXX for a period of four (4) months after your last day of work for XXX Solicit, for a period of twelve (12) months after your last day of work for XXX, any entity or individual that has already purchased XXX aircraft related services or with which/whom XXX has had discussions aimed at concluding a sale of aircraft related services, in both cases in the twelve (12) month period preceding your last day of work for XXX

[ULA]

Thanks for the information.

It would appear from what you have posted that the 12 months relates to basically not “stealing away” to your new company any entity or individual that has already purchased aircraft related services from the company you work for or with whom they have had discussions about possibly selling aircraft related services.

For not being employed by a company listed it is a time limit of 4 months from the date you leave. You have said you are not going to work for one of the companies listed, however the clause also mentions affiliates of the companies listed. Could the company you are going to be considered an affiliate of any of those listed?

[luxardo]

all they mean is you are not allowed to divulge to your new company secrets of any new flying saucer technology you developed, I wouldn't worry

[Spooks]

Hi Ulla
no it's not an affiliate
It's a stand alone company.

The company I worked for didnt teach me anything, on the contrary I brought my knowledge and experience too them.

Thanks for your help

[ULA]

There are three elements to this clause the not to disclose confidential or

proprietary information, the non-compete and the non-solicitation.

Given what you have said about the company you are going to not being one of the named or an affliate of any of the named then the non-compete element should not be enforceable.

[Spooks]

Great thank you so much