right to work when terminated?
i was terminated by my employer, a consulting company. i have decided to start my own consulting business. i signed a non-compete agreement when i was hired into a company that was acquired by a larger company. the smaller company was disolved into the larger company and i never signed a statement for the larger company. i have sent emails to companies that are clients of my former employer. they have sent me a letter threatening me with legal action if i keep trying to sell to their clients. is it true that since i was terminated (due to lack of work) that I have a right to work wherever i can find work?
1 answer | asked Jul 18, 2002 07:17 AM [EST] | applies to Pennsylvania
Answers (1)
Your non-compete may not be valid. First, depending on the circumstances of the takeover of your old employer by your most recent employer, it is likely that your most recent employer had an obligation to get your signature on a new agreement. Second, depending on the reasons for your termination, the courts are likely to say that because your employer did not want your services, it cannot restrict you from offering them to others. You may have additional defenses based on the wording of the noncompete itself or the specifics of your former and current employment.
/Christopher E. Ezold/
Christopher E. Ezold
Nancy O'Mara Ezold, P.C.
401 City Line Avenue, Suite 904
Bala Cynwyd, PA 19004
posted by Christopher Ezold | Jul 18, 2002 4:25 PM [EST]
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