Way Out of Non-Compete

[Sales71]

U failed under the cluster what makes you think u will not fail on your own.

 

[JCK818]

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.[/QUOT



No one is stilling business. THe question is for the appointment portion.
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U failed under the cluster what makes you think u will not fail on your own.

Failed? Where the heck did you get that from? I write more business in one month than you can dream of writing in one quarter. Stop assuming things

 

[djs]

In California, it is unlikely the non-compete would hold up. Of course, you'd have to ask an attorney, not a forum.

Non-competes are usually restricted to trade secrets (don't exist in insurance) and taking client information. In the insurance world, this would include rolling clients of the cluster (your previous clients) to a new agreement with the carrier, but probably don't limit you to getting appointments yourself.

It's not unethical to make a living.

The trick with these contracts is to see if they spell out what happens if you violate the non-compete. Sometimes the intent is more in the recourse than it is in the wording of the non-compete.

Dan

 

[JCK818]

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.

Thank you. That is my thought on this. Basically if you sign with them, you cannot ever go on your own, just dont see how they can enforce this. I have spoken to few of the (bigger)carriers, because of the volume i'm doing they didn't really care of what agreement I had with this cluster, they are willing to give me a shot.

 

[joshb]

If they take you to court and the NC doesn't hold up you still lose because going to court is costly. Similar situation happened to an agent I know and although he won it practically bankrupted him.

 

[JCK818]

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,

I'm not sure if you are trying to be annoying or it's just the way you are. I'm really sick of people on this forum jumping on peoples case as soon as someone asks a question. My post is unethical? If you cannot answer a simple FRIGGIN question, why post something? Are you that bored or do you really think people really care about your ethics lessons. This forum was created to exchange ideas and help each other. If you can't do either one I really suggest you keep your thoughts to yourself.

 

[Josh]

Thank you. That is my thought on this. Basically if you sign with them, you cannot ever go on your own, just dont see how they can enforce this. I have spoken to few of the (bigger)carriers, because of the volume i'm doing they didn't really care of what agreement I had with this cluster, they are willing to give me a shot.

As long as the cluster doesn't know and you're not stealing business from them, odds are you won't have any issues.

What is the incentive to leaving the cluster?

 

[somarco]

No one is stilling business. THe question is for the appointment portion.

Hey Ricky, no one accused you of "stilling" business.

I have spoken to few of the (bigger)carriers, because of the volume i'm doing they didn't really care of what agreement I had with this cluster, they are willing to give me a shot.

Are they willing to pay to defend you if your former employer comes after you?

 

[Pangaea]

This is a question for a local attorney. They'll probably answer it for free over the phone as a free initial consult.

 

[Guest]

I'm not sure if you are trying to be annoying or it's just the way you are. I'm really sick of people on this forum jumping on peoples case as soon as someone asks a question. My post is unethical? If you cannot answer a simple FRIGGIN question, why post something? Are you that bored or do you really think people really care about your ethics lessons. This forum was created to exchange ideas and help each other. If you can't do either one I really suggest you keep your thoughts to yourself.

I am the way I am to stupid posts, as I said, YOU SIGNED THE CONTRACT, abide by it, or did you NOT read the contract?

Why bother having a contract if you arent going to follow it?

And I did answer your stupid question, you signed it, why not follow it? Plain and simple, you made the decision to join that cluster, KNEW or should have known what was in the contract, you signed it, now live by it, why is that so complicated to understand?

What part of
A-You signed the contract.
B-You didnt read the contract and I dont like what it says.
C-After you signed the contract, you changed your mind and want to cheat and void the contract.
D-and YES, if you dont abide by the contract you signed, then that is UN-ETHICAL.
E-Why bother to have a contract if you dont want to follow it.

Dont' you understand?


I will be fair on one point thou, you havent stated why you want to leave that cluster,