QUESTION

If a company has a non compete with contractor then opens a second company can they use the non compete from the first company ?

Asked on Aug 23rd, 2016 on Employment Contracts - New York
More details to this question:
An employer has 2 companies. Same Industry, different clients. A non compete was signed with the first company. A couple months later the employer started a second company due to tarnishing his name. He kept 2 clients with the first company and acquired new clients with the second company. Nothing was ever signed with the second company. The employer contacted a client the new company works for, not the company I signed a non compete with. Not only did he edit the document he sent this client to the new company's name , he submitted non competes for several others who never signed anything for either company. One has never even met him. Is any of this legal ? My non complete is specifically worded to be a contract between me and the first company. It says nothing about any other company's he owns or would own in the future.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
One would obviously need to see the documents. But, based on your post, the covenant would only apply to the first employer, not the second.
Answered on Aug 26th, 2016 at 10:53 AM

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