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JBaxLaw
JBaxLaw, Attorney
Category: Business Law
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Experience:  Experienced in business formation and licensing issues
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My previous employer became previous when the company was

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My previous employer became "previous" when the company was acquired last month by a competitor. The new company required signing of a non-compete agreement that I felt was unacceptable in order to "continue" employment. Since then, one of my coworkers, who also refused to sign, and I have formed our own company. Today I received a letter from an attorney representing the previous owner that basically threatened to sue us if we continue to call on "her" customers. Can she do that? The letter stated that although no non-compete was signed, I did sign the employee handbook (which I do not have a copy of, nor do I remember signing) and therefore am bound legally to maintain company secrets. The company no longer exists as of September 3, 2010. Doesn't that make any paperwork that I supposedly signed obsolete?
Submitted: 3 years ago.
Category: Business Law
Expert:  JBaxLaw replied 3 years ago.
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Customer: replied 3 years ago.
What more do you need?
Expert:  JBaxLaw replied 3 years ago.
I appreciate your question. In a situation where a non-compete is not signed it is not enforceable.

There are laws allowing an employer to seek legal recourse against persons who disclose certain trade secret information. Calling on the same customer and not revealing trade secrets would not be the basis of such a legal suit. A demand or cease and desist letter has no legal force and a recipient has no obligation to comply with such a letter. Going forward, you should consider seeking a local attorney to discuss the information you plan to share with these customers, if there is any information to be shared. Please let me know if you have any other questions.

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JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11256
Experience: Experienced in business formation and licensing issues
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