Way Out of Non-Compete

[JCK818]

Lets just say "someone", had signed a 2 yr non compete clause with a cluster program, which prohibits this person to get an appointment for 2 yrs with any of their carriers after he leaves. The problem is this damn cluster has every single carrier under the sun. Now is there really no way around this? Is this "someone" screwed? I mean if he ever chooses to go solo, for two freakin years he could not get an appointment (legally). There has got to be way out no? Open a DBA and start getting appointments under that name? Lets put ethics aside for this post please, lol.

 

[Blue]

He probably should not have signed up with them. You can never put ethics aside.

 

[Josh]

Could not agree agree more. No one should ever put ethics aside, no matter who that someone is.

 

[joshb]

Go work for another agent for two years and use his appointments. Nothing wrong with that at all.

 

[JCK818]

I was kidding about the ethics thing. So if someone has an agency and has signed the non compete, you are telling me they are stuck.

 

[somarco]

Non-competes should be structured to keep unethical agents from stealing business from a former employer, not prevent them from being appointed with the same carrier through another venue.

My guess is your NC is too restrictive to hold up in court, but at the same time it can be very expensive to fight.

Might be good to have an attorney review and advise.

 

[Josh]

You're asking an extremely obscure question.

A non-compete that says you can never get appointed with another carrier for two years would not old up in most if not all courts. There are too many moving pieces on this to answer your question definitively, but that would be my guess.

More importantly, I would wonder if the carriers would even appointment you.

 

[Norwayguy]

Definatly a reason to have an attorney review a contract like that and to negotiate that clause out of the contract.

 

[gambrinus]

Varies from state to state. In CO a NC contract can in no way prohibit you from earning a living in your chosen profession.

 

[Guest]

I am sick of answering this question, my simple reply is.......YOU signed the friggin contract, abide by it, I did mine, why shouldnt you?

Your post alone is un-ethical,