No compete wedding photographer question

Question

i started an intern job at a wedding photography company and signed a no compete form. i dont shoot photos there but i work on them and do all the lab work. its 3 months long, so does that mean i cant work for any other wedding photographers for two years when i finish? or just the lab work? the question is because i saw an opportunity for this weekend to be a photographers assistant shooting photos. can i do that or no?

my question is what can and cant i do?

Answer 1

Hi Julie

No. You can work and take pictures on your time ONLY. That is what is meant by that term. If you are working for others and bringing it to the lab to process, that is what they don;t want.

You are not married to them. You are hired to do a SPECIFIC job. You do your job and what you do AFTER HOURS IS YOUR BUSINESS.

I do the same at my business. We don't want employees to use our time at their profit which is fair.

Answer 2

It probably bars you from working in any aspect of the wedding photography business in competition with your employer. Check with your employer, they may make an exception or have the same position open. They should be willing to help you learn.

---edit---

I shouldn't have said "probably". In fact, a noncompete does exactly what the name implies. You can not compete with your employer at any time during the specified period. That includes when you are not at work. It's common sense that you would not be doing it at work - at any level. And, you wouldn't be required to sign a noncompete if they didn't expect you to honor it.

Answer 3

you probably cannot work for another competitor for 3 months from your termination of employment.  Depends on what the contract says and what state you are in.

Realistically, what can they do?  Sue you?  for what.  Take the job and don't worry.

THIS IS NOT LEGAL ADVISE AND NOTHING HEREIN CAN BE CONSTRUED AS ADVISE!!!!

Answer 4

It depends on the specifics of the contract you signed but it sounds like it bars you from working anywhere that would be in competition with your current employer. That said no compete clauses are very hard to enforce. Many companies now require you to sign one but almost none try to enforce them. I for instance had to sign one when I worked at a grocery store when I was a teenager. There was no way they were going to haul me into court to try to enforce that if I went to work at another grocery store. Even if they do take you to court it is difficult to enforce. The former employer is basically saying that you can't make a living in your profession unless you work for them. To me this is ridiculous. The only time I have heard about No Compete clauses being enforced are with high level employees that have access to privileged information on product design, software, formulas, client lists or other secret information that could be used by competitors. It will cost your employer a lot of money to bring you to court and try to enforce the agreement. It is probably not worth his while to do so.

I would still exercise caution before violating the clause and going to work for someone else. You will never be able to use your current employer for a reference and he might spread the word around to others not to hire you.

Answer 5

That all depends on what the no compete clause says. Can you give us the specifics?