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MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience:  Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
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HELP!!! Start at the bottom for history. NEW QUESTION I

Customer Question

HELP!!! Start at the bottom for history.
NEW QUESTION:
I have started the new business and moved my state contracts from the business with my ex-husband to my new company. I have always managed the contracts and employees 100%. All employees in the general area also rehired under the new company. My ex-husband is now deploying scare tactics to the employeees and taking pictures of the new office. He is hasseling the state contract managers. Please give me some advice. I am hoping he cannot get a restraining order stopping my business. He has a personal friend who is a corporate attorney. I feel like I don't stand a chance against them. Please help.

ANSWER after Face-to Face Meeting with Attorney:

"You worked in your husband's busines, but did not sign a non-compete agreement. You located an unsigned copy of an employment agreement in the business files, however, you were not paid in accordance with the agreement and the other terms set forth in the agreement were never followed by your husband....because the agreement was never signed and because the parties never followed the provisions of the unsigned agreement, I do not believe that the non-competition provisions are enforceable."

From Employment Lawyer
September 20, 2010

ANSWER:
Attorney: If there was never any agreement reached, then you may be able to compete. But more spefics are needed to answer this question.
answered Sep 20, 2010 3:58 PM [EST] by Brad Glazier

MY QUESTION:
Can I open a new business in the same field when my divorce is final?
I wish to start a new business in the same industry as the one in which
my soon to be ex-husband and I own. I manage the current business and most of
the customers will want to switch over to my company. My divorce will be
final in December. I am currently 35% owner. My soon to be ex-husband is 65%
owner. There is a key employee agreement with a non-compete clause in it; however,
it is not signed. I don't believe I ever signed one for this business. Will he
have grounds to sue me and shut-down my new business?
Submitted: 3 years ago.
Category: Business Law
Expert:  MShore Law replied 3 years ago.
Thank you for the post. Because the non compete was not signed, it is not binding. Moreover, the business was a jointly held asset and it would be difficult to sue you claiming misappropriation of intellectual property, proprietary information or trade secret when you assisted in the creation of such information as an owner.
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
MShore Law and 9 other Business Law Specialists are ready to help you
Customer: replied 3 years ago.

Okay...Thank you so much for your response. I just wanted some peace of mind knowing you agree with Brad Blazer who is a trail attorney her in Grand Rapids, Michigan.

I must admit, you gave me added comfort regarding the business as a jointly held asset and the fact that that they would be no misappropriatin of intellectual property, etc.

Many THANKS!!!!.

Expert:  MShore Law replied 3 years ago.
Thank you, XXXXX XXXXX great day.

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