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Michael Gonzalez
Michael Gonzalez,
Category: Employment Law
Satisfied Customers: 293
Experience:  Managing Member at EWF Title, LLC
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The company I work got sold, is my non-compete still valid.

Customer Question

The company I work for recently got sold, is my non-compete still valid.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Michael Gonzalez replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, like many legal questions, it depends on what the agreement says as to the survival of the company. Some non-compete agreements terminate. Others only terminate if the company is dissolved. In your case, it is likely that if the buying company is simply the successor of your company then all the assets (including contractual rights) and liabilities are taken on by the buying attorney.

Another consideration may be the enforceability of the agreement itself. In other words, is the duration, scope, and geographical limits of the provision reasonable enough to be enforced. For instance, a non-compete clause that lasts more than several years after employment is deemed void and, thus, unenforceable.

I would recommend a consultation with a local employment lawyer to examine your agreement and protect your interests and rights.