company acquired, non compete
i signed a non compete with company A. Company A has been acquired by company B.
Our companies are now called, "company A, a division company B"
is the non-compete i signed 8 years ago with Company A, still valid, considering i am employed by a whole new company?
Answers (1)
No one can answer that question for you without reviewing your entire non-compete agreement.
An employment lawyer will discuss your job title and duties with you.
Will analyze the scope of the non-compete. Reasonable as to time, geography and activities prohibited?
Determine when or if you obtained any specialized knowledge, skills, education, training, valuable lists or other trade secrets, from who, and at whose expense.
Analyze how enforcement of the non-compete might affect you and determine whether there is any chance that the agreement might be narrowed if necessary.
Assess the circumstances under which you signed the agreement.
Determine how you are treated in relation to others depending on protected classes of employees to which you may belong.
Evaluate all of your benefits and work history.
Determine what your old versus new duties might be, overlap, customers, clients, co-workers, affects possibly on other employees or former employees, etc.... Lots to evaluate here.
Look to dollars - bottom line - financial impacts to the companies, to you, to the industry, etc....
Research case law in New York for your particular industry and non-competes. There are plenty of cases out there.
Determine who drafted the non-compete and whether prior challenges have been made, court decisions, etc...
Look at your education, experience, background, position, role within both organizations, and related matters.
These are just a sampling of issues which a skilled lawyer will evaluate. Plan on at least a few hours in a legal consultation. Some lawyers provide telephone consults and you never have to meet them in person. If you determine that they are interested in helping you that's an option and can save you time and possibly expense.
Don't assume that courts will not enforce these. Although NY is no fan of non-competes they are enforced. Worst scenario:
1) You accept a new position and fail to disclose the non-compete.
2) The new employer has no issue with it.
3) You resign from your old job and your old employer serves you with a notice to cease and desist or an injunction.
4) You take it to your new employer, they want no part of it and they let you go. You have no job and are still facing a potential or actual lawsuit.
An employment lawyer will help you with a strategy to minimize potential unemployment.
Good luck.
posted by V Jonas Urba | Feb 6, 2017 6:02 PM [EST]
An employment lawyer will discuss your job title and duties with you.
Will analyze the scope of the non-compete. Reasonable as to time, geography and activities prohibited?
Determine when or if you obtained any specialized knowledge, skills, education, training, valuable lists or other trade secrets, from who, and at whose expense.
Analyze how enforcement of the non-compete might affect you and determine whether there is any chance that the agreement might be narrowed if necessary.
Assess the circumstances under which you signed the agreement.
Determine how you are treated in relation to others depending on protected classes of employees to which you may belong.
Evaluate all of your benefits and work history.
Determine what your old versus new duties might be, overlap, customers, clients, co-workers, affects possibly on other employees or former employees, etc.... Lots to evaluate here.
Look to dollars - bottom line - financial impacts to the companies, to you, to the industry, etc....
Research case law in New York for your particular industry and non-competes. There are plenty of cases out there.
Determine who drafted the non-compete and whether prior challenges have been made, court decisions, etc...
Look at your education, experience, background, position, role within both organizations, and related matters.
These are just a sampling of issues which a skilled lawyer will evaluate. Plan on at least a few hours in a legal consultation. Some lawyers provide telephone consults and you never have to meet them in person. If you determine that they are interested in helping you that's an option and can save you time and possibly expense.
Don't assume that courts will not enforce these. Although NY is no fan of non-competes they are enforced. Worst scenario:
1) You accept a new position and fail to disclose the non-compete.
2) The new employer has no issue with it.
3) You resign from your old job and your old employer serves you with a notice to cease and desist or an injunction.
4) You take it to your new employer, they want no part of it and they let you go. You have no job and are still facing a potential or actual lawsuit.
An employment lawyer will help you with a strategy to minimize potential unemployment.
Good luck.
posted by V Jonas Urba | Feb 6, 2017 6:02 PM [EST]
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