Q: Is my non compete clause enforceable?
Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my training in order to become an artist again which means another year of working for free. I don't have a car so I can't drive 55 miles away (I have a motorcycle) but I'm tired of my boss screaming at me every day cussing me out for him misunderstanding a small comment that doesn't even involve my job. In addition I am not making very much money here and I stay late at least once a week.
A: Maybe. An attorney would need to review the contract. 50 or so miles has been deemed reasonable by courts, as well as 1 year for a time limitation. There are other factors, but the best way to get a solid answer is to have an attorney review your documents.
A: I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your facts. For instance if you haven't been with the company long- and you are going far enough away that you aren't taking business. -- again it may depend. I would suggest you see a lawyer and discuss specifics. Also, the employer may voluntarily let you out if you are far enough away and don't really do to a competitor.
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