• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

new jersey;non compete agreements

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

J

jmr

Guest
I signed a 2 year non compete in 1992 and worked for the "x" company until may of 1998.
I left the "x"company and went to work with the "y" company which later bought out the "x" company in april of 1999. The "y" company was assigned over the contracts of several salespeople who were still at my original employer. They were noted in the buyout agreement. My name was not included.
Since 1999, the "y" company had asked me to sign a non compete, which I refused to do.
I have since left the "y" company and several of our customers have decided to come with me. The "y" company is now trying to hold me to the non compete that was signed in 1992. Do they have a case?
 


A

Attorney_Replogle

Guest
Non-competes

My opinion is that company Y does have you dead to rights. When they bought out company X, they in effect took over all rights and obligations of company X. One of those rights was to enforce the non-compete agreement that you signed with company X. Do get a second opinion from a local employment law attorney near you to give you your state's take on this situation. You should be able to find one near you at https://attorneypages.com.
 
J

jmr

Guest
non compete

2 different attorneys have told me that my non compete's time limit began "ticking" the minute that I resigned in 1998. It cannot be rejuvinated a year after I had resigned. Their opinion was that I'd have no issues.

By asking me to sign a non-compete, company "y" was admitting that there was no contract in place. They often threw at me that they did not want to show me the company books until the non compete was signed.
 
A

Attorney_Replogle

Guest
Ticking clock

Well, perhaps I need further clarification as to the nature of the work that company Y does. That is to say, if your taking a job with them did not go against the non-compete agreement, then you are surely in the clear. Right? Next, the other two attorneys would be right to say that the clock started when you left company X in May 1998.
 
J

jmr

Guest
clock ticking

They were a sales company and the non compete restricted me from taking any of the lines that company "x" represented. I left and the lines have asked me to continue to represent them rather than company "y".
The basis for my argument is that while company "y" did buy company "x's" contracts, my contract could not have been included since I was already gone from company "x" for over a year.

jr
 
A

Attorney_Replogle

Guest
Ok. I think I understand your situation now. Why are you getting a third opinion of this matter though? Are you currently being sued by company Y? Are they planning/threatening to sue you?
 
J

jmr

Guest
They are threatening to sue me and have threatened my lines as well which is scaring them. I'm a li'l nervous despite my lawyer(s) opinion on the outcome.
 
A

Attorney_Replogle

Guest
Well, since you apparently already have an attorney representing you on this, my advice is to just listen to what he/she is telling you. I wish you the best!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top