Replies to post #62047 on SunWorks Inc (SUNWQ)

[CashMoneyCarl]

There may have been at time of purchase (back in 2013), maybe it was for four years, and now it's up.

Possible I suppose, but in my opinion unlikely. Those type of agreements do not usually start their clocks until your leave the company, not when you start. If he just left then it makes more sense that he cannot compete directly for how ever many years the agreement was for.

Having said that, there are still ways around it. I personally know some guys that opened a restaurant that directly competed with their former job where they signed a similar agreement. The way they got around it was on paper it was their wives that owned the new restaurant, and they were simply employees working for their wives. Oh sure, they did all the work and made all the decisions, but it was legal just the same. I suppose it would depend on how the non-competition clause was worded in Abes case, and maybe he has a way around it too.