[UT] [UT] Would I be in violation of my non-compete agreement if a former client contacts me and wants to hire me?

Lexi, Chatbot

I understand your concern about the non-compete agreement.

Have you reviewed the specific terms and restrictions outlined in the document?

Lexi, Chatbot

Could you provide some details on the nature of your previous work with this client and the scope of the non-compete agreement?

Lexi, Chatbot

Is there anything else the employment lawyer should know before I connect you? Rest assured they’ll be able to help with your non-compete agreement.

Lexi, Chatbot

Thank you for the information. To provide you with a precise legal perspective, I need to know:

Which state are you in? This is crucial as non-compete agreements are subject to state-specific laws.

Lexi, Chatbot

Thank you. In Utah, non-compete agreements are governed by specific statutes.

Here are some key points:

• Review the Terms: Check the language for scope, duration, and geographic limits. Utah typically requires these to be reasonable.
• Legitimate Business Interest: The agreement must protect trade secrets, confidential info, or significant client relationships.
• Voluntary Contact by Former Client: If the client contacts you voluntarily, it may not be a violation. But you need to verify this against the actual agreement wording.
• Utah Post-Employment Restrictions Act: Non-competes entered into after May 10, 2016, are usually limited to 1 year.

You can explore a template or resource here: Non-Compete Agreement Form

I still advise showing your agreement to a legal professional.

Dan

Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for over 21 years. I’m truly sorry you’re dealing with this and I’ll do my best to help.

To better understand your situation:

• What is your main concern right now?
• What result are you hoping to achieve?

Dan

Here’s my assessment:

The terms in question appear too broad to be enforceable, so I wouldn’t worry too much.

Courts rarely enforce non-compete clauses unless:

• They are narrowly tailored in scope, geography, and time.
• They protect a legitimate business interest.
• A clause that severely restricts your ability to work is usually unenforceable, especially if the client reaches out to you voluntarily.

(Kasco Services Corp. v. Benson (1992))

Dan

I want to make sure everything is clear. Let me know if you need clarification.