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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12469
Experience:  Significant experience in all areas of employment law.
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I was released from my job in April 2016 in which I had a

Customer Question

I was released from my job in April 2016 in which I had a non compete. I was recently made aware that the company was bought out and no longer operates as their previous name and as new owners.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 10 months ago.

In most cases, the non-compete will survive as the agreement is an asset and, as such, will survive and be transferred to the new owners of the company like any other asset. To illustrate how this works with a clear example, say you have a mortgage. If the bank that owns your mortgage gets purchased by Bank of America, that does not mean your debt has been cleared and you now own your house outright, it simply means you begin paying your mortgage to B of A.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 10 months ago.
Thank you. That is what I was afraid of. Is there ever an opportunity to have a non-compete thrown out if that is the only employment that I have had for 16 years and I need to support my family? I also refused to accept the money my former employer offered to me for the non compete.
Expert:  Patrick, Esq. replied 10 months ago.

It's difficult. There is a strong public policy in favor of holding people accountable to the agreements they enter into. When it comes to non-competes, your employer doesn't need to offer money in exchange for signing. Your continued employment is considered to be adequate consideration to make the contract enforceable.

You would generally have to argue that the non-compete is unreasonable in terms of duration (2 years or less will generally be reasonable in duration) or unreasonable in geographic scope (where the employer does business will generally be the reasonable scope). The only other options are to (1) offer to buy your employer out of the non-compete or (2) accept a job with a competitor and either hope that your employer doesn't find out or that if they do they decide its not worth it for them to sue.

Again if there is anything more I can do for you just let me know. It's my pleasure....

Expert:  Patrick, Esq. replied 10 months ago.

I just wanted to followup because I have not hear back from you. Was there anything else I can do? Please let me know.....