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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21363
Experience:  20 years of experience practicing law.
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I had a questions answered earlier and I now have new information

Resolved Question:

I had a questions answered earlier and I now have new information that has come to light.
I signed a non-compete (non-compete was supposed to be in place for two years after I left employment) with a company 9 years ago. I was terminated from employment April 2012. Since then the company sold. The original company filed their notice of dissolution and also a notice of termination with the state. Am I correct to assume that my non-compete expired along with that? The "NEW" company has sent me a cease and desist letter as I have started my own company. I am wondering if those are just scare tactics though. What is your opinion?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Welcome and thank you for your questions

 

I am an attorney with more than 25 years of experience and look forward to providing you true and correct information in this regard

 

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

 

If the first company was sold, then there is no validity to the non compete without the new company having one signed.

 

Additionally, if the original company was still the employer, if they breached the contract, then the non compete would not be valid

 

It does not matter that it was suppose to last two years after the contract expired first because the contract did not expired it was breached and secondly because you never agreed to work with the new company and you did not sign a non compete with them

 

Therefore, I suggest this is a scare tactic.

 

 

Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21363
Experience: 20 years of experience practicing law.
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