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Fired & Bankruptcy

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employee

Guest
I was employed as a commisioned salesperson for a manufacturing company in New Jersey. I was fired while the company was in Chapter 11. Some of my customers wanted to continue dealing with me and are doing so as I am now employed by a new company. I do not have a non-complete contract with my former employer or present one. The Chapter 11 company is being taken over by the building owner who wants to make the company work. He has advised any salespeople that left the Chapter 11 company and that are still doing business with those accounts that they would have to return the accounts or be sued. Something about unjust enrichement, civil suit and/or the RICO act. They don't seem to be consistent on the law they will employ. Do you know if any of this is reasonable or is it just to scare the former salespeople to work with them and return the accounts? By the way - most of the accounts would not return to the Chapter 11 comany because they were lied to by mnanagement.
 


A

Attorney_Replogle

Guest
Sounds like a bogus, hot air blowing building owner. You are right to realize those theories are like firing a shotgun, hoping to hit something. Without a non-compete agreement, or a ruling from the bankruptcy judge that the company handbook or policy prevents customers from following former salesmen, I don't see that the new owner has a legal leg to stand on.
 

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