Countersuit for No-Compete Agreement
My question is fairly simple. I would like to know if it is feasible to countersue an ex-employer who is suing me for a no compete. It is fairly certain that I will win my case as there are many unenforceable aspects to the employer's contract. Can I at least countersue to recover attorney fees??
1 answer | asked Apr 22, 2003 11:46 AM [EST] | applies to North Carolina
Answers (1)
counterclaim
If you could show that the suit was filed without a proper factual or legal basis, then you might have a basis under Rule 11 of the Rules of Civil Procedure. If you could show that the suit was brought to restrain competition and was without proper foundation, then you might, underline might, have a separate basis. I think there was a case not too long ago that said that suits between employees and employers could be brought under chapter 75 of the NC General Statutes. Previously, the court had held that such suits could not be brought under Chap. 75 (the unfair trade practice statute). I might be wrong on this point, but it seems familiar. If I am correct, the holding may be written in a very narrow manner, though, so that it could be hard to justify your doing anything. I would strongly advise you to obtain counsel if you haven't already.
posted by Reagan Weaver | Apr 22, 2003 12:03 PM [EST]
If you could show that the suit was filed without a proper factual or legal basis, then you might have a basis under Rule 11 of the Rules of Civil Procedure. If you could show that the suit was brought to restrain competition and was without proper foundation, then you might, underline might, have a separate basis. I think there was a case not too long ago that said that suits between employees and employers could be brought under chapter 75 of the NC General Statutes. Previously, the court had held that such suits could not be brought under Chap. 75 (the unfair trade practice statute). I might be wrong on this point, but it seems familiar. If I am correct, the holding may be written in a very narrow manner, though, so that it could be hard to justify your doing anything. I would strongly advise you to obtain counsel if you haven't already.
posted by Reagan Weaver | Apr 22, 2003 12:03 PM [EST]
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