Non-Compete Clause Enforcement
An employee left a company and started freelancing in a related but different niche. The former employer claims this violates their non-compete.
Alex
Side A
The non-compete clearly covers this activity and exists to protect trade secrets and client relationships.
Your former employee signed a 1-year non-compete covering 'digital marketing services.' They left and immediately started freelancing, targeting the same industry (SaaS companies). Several of your clients have been approached. The non-compete exists to protect your client relationships and proprietary methods.
Jordan
Side B
The non-compete is overly broad and I'm working in a different specialty within the same general field.
You signed a non-compete but you worked in SEO specifically. Now you're doing social media marketing — a completely different specialty. You haven't contacted any former clients. The non-compete says 'digital marketing' which is absurdly broad and likely unenforceable. You need to earn a living.
Expected Outcomes
Scored from Side A's perspective. Positive = favors Alex, Negative = favors Jordan.
Non-compete enforced fully; Jordan must cease all digital marketing work for one year
Jordan barred from targeting SaaS clients but allowed social media work in other industries
Jordan avoids former clients and SaaS industry for 6 months but can do social media freely
Non-compete narrowed to SEO only; social media marketing allowed with no client restrictions
Non-compete deemed overly broad and unenforceable; Jordan freelances without restrictions