QUESTION

NYS Non Compete Contracts

Asked on Oct 21st, 2013 on Employment Contracts - New York
More details to this question:
I signed a Non Compete Contract in 2007 with the company I worked for. I was terminated in July, 2013 (without a severance and for poor cause). The company that I worked for sold a specific custom built power electronics component. In January, 2012, the company was acquired by a much larger corporation that sold multiple lines of specific power electronic components. To what degree am I bound by this Non Compete? There is a job potential for me with a company that handles a competitive line of one of the other components that my previous employer took on once acquired by the larger corporation, to which I have never sold directly and do not have any technical knowledge on from my previous employer. We did not manufacture or sell these components at our facility. What is the cut off line of a Non Compete? If my previous employer purchases an automobile facility, would that mean that I could not sell cars for two years????
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Non-competition agreements are not always enforced.  It is possible that the non-compete agreement you signed, to the extent that it barred you from working in a field in which you never worked while employed by  your former employer will not be enforced, but the first step to any analysis is what does the agreement say?  What is it that it bars you from doing?  Does it specifically define the business you can't compete with?  Does that definition include successors in interest?
Answered on Oct 21st, 2013 at 3:12 PM

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