Well you work for companies that are not on their list, so you'll need to go captive most likely. That or you talk to the cluster's management and plead your case. If its business and growth related, I am sure they will compromise with you especially if your a good producer and a good relationship; allow you a few directs. I can't imagine any business partner not wanting to work with you in that situation. After all, you are a part of the business they are trying to retain using non-competes
Way Out of Non-Compete
- Thread starter JCK818
- Start date
Cold Blooded American, settle down. Nobody asked you to pipe in. The fact that you always give you opinion means that you feel your opinion is valued and welcomed.
BE NICE TO PEOPLE! GOOD GRIEF!
- - - - - - - - - - - - - - - - - -
True you signed the contract, but the contract has to be legal, or it does not matter if you signed it. If I understand the law at least in Arkansas, in may cases, a non-compete can not keep you from working for someone else.
Last edited:
- 1,076
I see where you are coming from but it sounds like the cluster is not performing as advertized. Both sides need to live up to their agreement. If the cluster is not... then it is time to terminate the relationship and move on.
RBA - Contracts are not written in stone. They are often renegotiated. You don't have to 'live with it', you have to change it.
Seriously, read what the recourse is for breaking the non-compete clause. You may be surprised that there is a release there. I've seen it in others, where the recourse is limited to business already written, not future business, so effectively the non-compete becomes reasonable.
Dan
Seriously, read what the recourse is for breaking the non-compete clause. You may be surprised that there is a release there. I've seen it in others, where the recourse is limited to business already written, not future business, so effectively the non-compete becomes reasonable.
Dan
- 409
It's how you make business moonshine.
WTF is "stilling" business? Is that the opposite of "moving" business?
- Thread starter
- #37
- 620
It just says I cannot get an appointment with any of their carriers for two year period after I leave them.
- Thread starter
- #39
- 620
no its not insurance noodle. Thanks for all the opinions guys
- 292
JCK, so what does the contract say will happen if "someone" happens to get an appointment with one of those carriers?
Having once experienced a similar situation myself, I was surprised when several carriers simply signed me up directly. Why? Because the agency had not done business with that carrier in a long time.
Frequently the carriers won't appoint someone from an agency that is doing business with them, at least for 6 months. But if they're not getting business its worth a shot.
Your contract can't freeze you out from every carrier. That would be unreasonable. That would be like saying 'you cannot prospect anywhere in the U.S. for 24 months because we might happen to write some business somewhere there, even though we're not now."
Non-competes have to have a specific reasonable purpose behind it that protects the company's clients, marketing/sales strategy, training, contracts. But it can't be unreasonable.
Whether or not you read the agreement, it has to be reasonable. What about newbies that come in and don't know anything and sign some all-encompassing unreasonable agreement? Its like a blind-marriage, and such an agreement cannot be enforceable.
Have an attorney review your agreement, and also find out the what-if-you-happen-to-get-appointed consequences.
After all, as Henry Ford II once said, "never complain, never explain."
Having once experienced a similar situation myself, I was surprised when several carriers simply signed me up directly. Why? Because the agency had not done business with that carrier in a long time.
Frequently the carriers won't appoint someone from an agency that is doing business with them, at least for 6 months. But if they're not getting business its worth a shot.
Your contract can't freeze you out from every carrier. That would be unreasonable. That would be like saying 'you cannot prospect anywhere in the U.S. for 24 months because we might happen to write some business somewhere there, even though we're not now."
Non-competes have to have a specific reasonable purpose behind it that protects the company's clients, marketing/sales strategy, training, contracts. But it can't be unreasonable.
Whether or not you read the agreement, it has to be reasonable. What about newbies that come in and don't know anything and sign some all-encompassing unreasonable agreement? Its like a blind-marriage, and such an agreement cannot be enforceable.
Have an attorney review your agreement, and also find out the what-if-you-happen-to-get-appointed consequences.
After all, as Henry Ford II once said, "never complain, never explain."
Similar threads
