If my employment contract has expired, is the non-compete clause still in effect?

Clause states "one-year after termination of employment". My employment wasn't "terminated", the contract has been fulfilled. I live in Kentucky if this matters.

Clause states "one-year after termination of employment". My employment wasn't "terminated", the contract has been fulfilled. I have been told by other sources that the non-compete would not ve valid if it would prohibit me from earning a living in my field of training. I live in Kentucky if this matters.

"Termination" here, as it is usually applied with this sort of case, simply refers to the end of your employment with the company and does not infer that you have been dismissed for any reason in particular, be it "termination", the conclusion of your contract, or your deciding to quit. Since your contract has simply expired and was not renewed, that is considered the termination of your employment with this particular company. The non-compete clause still applies, so for a term of one year you are not allowed to be employed in the same field within a certain, specified radius of the company's offices. Be careful how you gauge that distance, though; most companies do it as a straight line instead of driving distance. One of the doctors I work with's husband went through a huge ordeal with this sort of thing, ended up paying an insane amount in court costs and what not. The most important thing is to read the clause, and the entire contract carefully. If this doesn't help, check with an attorney or someone at the Better Business Bureau in your area (you should be able to find information about them online).

CONTACT YOUR LAWYER !!! Report It

Contact a lawyer on this one. If you can't afford one, try your county's legal aid department for help.

im confused... what clause... non-compete isnt a clause. spelling error? what are u trying to proove?

i work in a law firm... and i have dealt with wrongful dismissal... but im not sure what u are worried about. lemme know

"termination of employment" sounds to me to mean "end of employment" not solely early termination. See if the phrase is given a specific definition in the contract, if not, I'd advise waiting until a year and a day after you stopped working under the contract.

I am assuming that no special meaning is applied to the phrase "termination" in the contract.

If the non-compete clause runs out one year after termination of employment, then at one year plus one day after the last day of your employment, the non-compete clause will no longer apply.

To terminate is to end. It does not mean the same thing as "his employment was terminated" (which is really just a polite way to say "he was fired"). Your employment has ended. It was terminated. The fulfillment of the contract is a form of termination.

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diff_shades_...: You work in a law firm but you don't know what a clause is? In a contract, a clause is a term or condition of the agreement.

I think it may depend on what knowledge you are taking with you. If it is patent stuff then I believe that the non-compete would surely be inforced. I think you are still under the clasue though for one year. Employement termination may not neccesarily mean involuntary separation. I had an engineer friend in a similar position as you and he worked in a pizza place / bar for a year before getting another engineering job.

get a lawyer

Ask a lawyer in your state. Non-competition clauses are disfavored by courts but if you have 'key knowledge' or are irreplaceable, etc. it will be enforced if it is reasonable in duration and geographical area. That is a very general principle though, and you should discuss it with someone there.