It appears that there are two different subjects being discuss here at the same time.....
A non-compete for a subcontractor is much different than a non-compete for an employee. They are worded differently and have different intents.
Kris's wording is for a subcontractor, and there are several ways to word this. It IS enforceable as I have been in court and have enforced it in an absolute manner. You may not restrict a subcontractor from working for others within the same industry, however you can stop them from going after your customers. Ours is worded slightly different, but accomplishes the same thing, and has been upheld in the PA court system. I also know that our wording has been upheld in several different states (as I have had this conversation with a number of snow contractors around the country).
For an Employee non-compete there must be "consideration" given ($$$) to the employee for it to be enforceable. No 'consideration', no enforcement. In this case you can stop an employee from working for a competitor in the same market area. It cannot state that they cannot work anywhere but must state a specific market area. They can be stopped from "competing" with you by working for someone else. I've been here too and have had to enforce ours (in the court system) and it was upheld as legal (keeping in mind that I'm in PA and other states may be different). We used a labor lawyer for this (and that ain't no cheap date).
I think it is entirely possible that two people here have been talking about different type non-compete's in the same paragraph..... They are different.....
Sorry this is so long and involved. I just got carried away somewhat....
[Edited by John Allin on 02-22-2001 at 05:45 PM]