Loretta

As an alternative to a contract not to compete, you
may want to consider a contract prohibiting your
employees from stealing your clients with a provision
for money damages resulting from the breach of the
contract. I assume that you are currently giving your
employees a wage equual to a portion of the title
search orders you receive and that you retain a portion
for yourself from each order.

Perhaps your attorney could draft a contract for you
that would provide that in the event your employee
left and took your client he would have to pay you
money damages in an amount equal to that portion which
you now retain for yourself from each title search
order for X amount of years. In effect, it would be
the same result as if the client had never been stolen from you.
Why not consult your attorney about this.

As far as the legal system is concerned there are
actions in equity involving the court's issuance of
an order requiring the defendant to do something,
or enjoining him from doing something, and there are
actions at law that only require the court to rule on
liability for contract breach and to determine
the amount of money damages. Generally actions in
equity such as enforcing a covenant not to compete
are harder to get than a judgment for money damage

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