QUESTION

Noncompete agreement

Asked on Jul 14th, 2016 on Labor and Employment - New York
More details to this question:
I am an electrical design engineer/project engineer. My employer asked me to sign a Non compete agreement after years of employment, which I never signed. I was notified through some automated system so I doubt anyone even noticed. The company management has turned over and is focused on new sales but doesn't want to provide resources toward the legacy product I support. The reality is that I need the resources to fully verify my designs which are sometimes used in flight Aerospace applications. The company has my time triple booked and refuses to hire anyone to support me. I'm managing/designing/sustaining this all myself, so if I leave I would image it would cause some disruption. Our competitor is located across the street so it is tempting to investigate my options, but I don't know if that would be a sticky legal situation even though I did not sign the non compete agreement?
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
If you never signed, then it cannot be used against you.  The issue is who owns your designs -- you or the company.  Even without an agreement, the company would argue you cannot take proprietary work product developed on their time and money to a competitor.  This can be a complicated issue.  You can investigate your options, but make sure any new employer will indemnify you for any claims like this that are made.
Answered on Jul 16th, 2016 at 6:50 AM

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