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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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I am confident that if my previous employer were to try to

Customer Question

I am confident that if my previous employer were to try to enforce my non compete she would fail. I intend to open my own business in the same field. Should I address the noncompete issue prior to opening a business or wait to handle it if it becomes an issue
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Generally it is prudent to address the issue in advance by retaining a local attorney to draft a letter advising why the non-compete is unenforceable and advising that you are comitted to fighting any claim for breach of contract in court. The best case scenario is that the letter convinces your former employer not to pursue litigation, and the worst case scenario is that they pursue the litigation anyway. The latter scenario would be the result even if you didn't send the letter, so there is really no downside.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 3 months ago.

Was there anything else I can do for you?

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