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John
John, Attorney
Category: Business Law
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Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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I sell cars living. I was terminated from a dealership 5

Customer Question

I sell cars for a living. I was terminated from a dealership 5 months ago and now work for a new dealership. My old dealership is now trying to enforce a non-compete agreement that I do not believe is enforceable. What do I need to do or what motion do I need to file in the Missouri courts to put a halt to it?
Submitted: 8 months ago.
Category: Business Law
Customer: replied 8 months ago.
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Expert:  John replied 8 months ago.

You and/or your new employer would need to sue in court asking for declaratory relief from the terms of the non-compete. If your current employer is going to terminate you if it is not resolved very quickly you'd also want to seek a temporary injunction as part of the initial pleadings of the lawsuit to avoid eminent harm that would be caused in the interim between complaint and the court's final ruling in the matter, which may be a year or more away...so you would actually file the motion for temporary injunction ( a/k/a a temporary restraining order) right with the complaint. So you'd file a complaint for declaratory relief to have the non-compete ruled invalid, and you'd file the motion for temporary injunction right along with that complaint.

Expert:  John replied 8 months ago.

If you'd like a phone call, I'm happy to do that, but it's a premium service on this website. The way premium services works is I submit an offer for premium services and upon your acceptance you are charged, we exchange information, and the phone call is completed.

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