Non-Compete Question

[Vycor]

What is the name of your state (only U.S. law)? NY

Please look at the following Non-Compete... let me know your thoughts on it. Would this hold up in court if the former "Employer" is trying to fight their former "Employee" for taking clients and trying to switch their clients over to the employees new company?

Keep in mind:

1) On the entire NC the "Employer" name/address/info is not listed ANYWHERE. It just says "Employer" - who is the employer?
2) The person who wrote in his name under "Employee" at the top, didn't sign under "Employee" at the bottom, he signed under "Employer" listing his actual title... the person who signed under "Employee" at the bottom, is not the same person who is at the top of the page under "Employee" - that "Employee" who signed at the bottom, currently is a manager at the company, but again, whos to say the top or bottom is correct...

What are your thoughts on this document, does it make any sense or would it hold up in court anywhere?

http://www.dtsny.com/NC.jpg

 

[quincy]

What is the name of your state (only U.S. law)? NY

Please look at the following Non-Compete... let me know your thoughts on it. Would this hold up in court if the former "Employer" is trying to fight their former "Employee" for taking clients and trying to switch their clients over to the employees new company?. . .

What are your thoughts on this document, does it make any sense or would it hold up in court anywhere?

http://www.dtsny.com/NC.jpg

The non-compete could hold up in court. Then again, it might not.

It will (more than likely) depend on far more facts than who signed where on a contract.

 

[Just Blue]

Px Hx ****************************.....

 

[Mass_Shyster]

The non-compete could hold up in court. Then again, it might not.

The real question is can you afford to wage the legal battle to find out. The last one I saw cost the plaintiff upwards of $50K. I suspect the defendant's legal fees were similar.

 

[Vycor]

Im more curious what others think not that anythings being broken, etc... how can anybody prove who the "Employer" is... since its not listed anywhere on here...

 

[quincy]

Im more curious what others think not that anythings being broken, etc... how can anybody prove who the "Employer" is... since its not listed anywhere on here...

Through testimony and W-2s, perhaps?

Are you either the employer or employee in this situation, or are you merely trying to sate your curiosity?

 

[Vycor]

I may be one or the other, just curious what others may think about it. Nor I/former employee are breaking the contract but certain questions have come up and some lawyers who've gotten copies of this on both sides have argued different things. Right now things are being taken care of nicely, no courts involved, curious what others think of things/etc...

Even with W-2's nobody is contesting that said employee did not work for the employer, but this non-compete does not state who the employer is... it just says "employer" - said employee took payment from multiple companies on/around the date on the Non-Compete, so that is the real question, WHO was the company involved... granted the 2nd party who signed the bottom (be it in the wrong place) did work with the other party ... both parties actually worked with OTHER companies at the time... together... clients and past employers of one of the parties...

so who can prove WHICH company exactly this Non-Compete is for...

 

[Mass_Shyster]

some lawyers who've gotten copies of this on both sides have argued different things.

I'm not going to start second guessing lawyers who have all the facts.

 

[LeeHarveyBlotto]

Wouldn't it be easier for everyone not to sign agreements they don't intend to honor?

 

[Vycor]

Nobody said anything about anybody not following agreements, that was not my quesiton. Why is it whenever someone asks a question on here, people go off topic and start "assuming" things and saying other things....

 

[quincy]

. . . Why is it whenever someone asks a question on here, people go off topic and start "assuming" things and saying other things....

Because we like to?



As an aside, it appears to me that this question is way off topic.

 

[Mass_Shyster]

Nobody said anything about anybody not following agreements

Could have fooled me.

Would this hold up in court if the former "Employer" is trying to fight their former "Employee" for taking clients and trying to switch their clients over to the employees new company?

 

[LeeHarveyBlotto]

Nobody said anything about anybody not following agreements, that was not my quesiton. Why is it whenever someone asks a question on here, people go off topic and start "assuming" things and saying other things....

Your question is only relevant if you signed the agreement and now don't wish to live up to its terms. Otherwise, it's a hypothetical, which we tend not to do here.