QUESTION

Signed non-compete agreement with dog walking company, company was bought out. Does the non-compete still apply?

Asked on Sep 28th, 2014 on Breach of Contract - Massachusetts
More details to this question:
The agreement stated I am not allowed to take on my own clients within their "zone" for one year after leaving the company. One year has not passed, but that company's been bought out by a larger company in the same zone. Do I still need to wait out the one year?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The non-compete may be deemed unreasonable and unenforceable in the first place, but to the extent that it was valid and enforceable before the buyout, it is probably still valid and enforceable.  If the "buy out" was a purchase of the original business's stock, the identical business - the party with which you contracted - is still operating, it just has different owners which changes nothing.  If the "buyout" was a purchase of the original business's assets, the non-compete agreement was almost certainly one of the assets which the new company bought and, barring a provision to the contrary in your employment agreement, is probably freely assignable. 
Answered on Sep 29th, 2014 at 1:17 PM

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