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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111459
Experience:  20+ Years of Employment Law Experience
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Please read the previous info I sent. I am a kitchen

Customer Question

Please read the previous info I sent. I am a kitchen designer for this building products co. My co-worker has still not left, but is suppose to soon. After she has left the co. I would like to quit if they don't choose to close the dept. They will have no one to continue designing kitchens and this will force them to close the dept. It sound like I will not be released from the no-compete, but will they be able to come after me under these circumstances? I plan on going into the same business elsewhere, close enough that I will service some of the same customers. Can they come after me in this case? Can they blame me for closing the dept?The other scenario is that if they don't hire another employee to assist me and I chose to leave, can they come after me? My fear is that I will be overrun with work and I don't want the stress of working night and day. Maybe I'm asking if there is any way around being sued if I choose to leave because I no longer like the conditions. Will I be forced to go into another profession for two years if I leave after my co-worker leaves?
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they close the department before you quit, then if you were to go with a kitchen design company it would not violate the non-compete because they are not conducting kitchen design business for you to compete with. If they leave the kitchen design open and you quit and force them to close it, then they have a claim against you that the only reason it is not competing is you quit and they have nobody left to do the work.
So you need to stay with them until they stop doing kitchen design work and then at that point if you take a kitchen design position you would have grounds to fight and defeat the non-compete.
Customer: replied 6 months ago.
Last scenario, say I leave now for a job out of the design field. My coworker is still there but will leave soon, and they know it. At that point they have to close the dept. Can I go back into my field a few months later?
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
If you leave there and go off into something else and then the colleague leaves then you have to wait for them to officially shut down because if they are still trying to conduct business you could still have that non-compete enforced against you. Once they shut it down, then yes, you have the basis to get back into the field arguing that no competition is taking place.