Looking for advice on a legal issue. Here's what happened.
NDA prevents me from getting new job. I've been dealing with this for about 3 weeks now and the situation isn't improving.
The contract was signed 14 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $16,000.
What are the risks if I pursue this? What's the likely timeline?
Left my job in medical device sales. My NDA includes a non-solicitation that says I can't "directly or indirectly solicit" any of the company's customers or prospects for 18 months. The problem: in my industry, EVERY hospital is either a customer or a prospect. This effectively bars me from working in my field.
An overbroad non-solicitation that effectively functions as a non-compete is challengeable in most jurisdictions. Courts distinguish between:
Your argument: if the clause prevents you from earning a livelihood in your chosen profession, it's unreasonable in scope. Most states require non-solicitations to be reasonable in scope, geography, and duration.
Note: if you're in California, non-solicitations of customers are largely unenforceable under Bus. & Prof. Code § 16600. California treats most restrictive covenants as void.
Did you send a formal breach notice? Most contracts require this before litigation.