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I am looking to get a review and opinion on a non compete…

I am looking to...

I am looking to get a review and opinion on a non compete agreement. It is a short form ( less than 4 pages). The issuing company that I work for has been sold to another. Going forward my job, duties and title is to be changed. I am looking to understand the validity of this agreement under these circumstances.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

NJ

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At Will

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Answered in 3 minutes by:
9/13/2017
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,956
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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We can review documents and explain them to customers, but please understand we cannot represent you or provide you legal advice on the document, merely an educational explanation to answer any specific questions you might have about the document.

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Customer reply replied 10 months ago
I understand the terms of the document pretty well. I am looking for opinion on the validity now that the terms of my employment have changed. Would it still be in force if they change my title and duties under a new company?

Is this document from a previous employer before the new company came in? Please upload the document so we can look at it.

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Customer reply replied 10 months ago
the document is from a previous owner. The company was acquired ( stock purchase). The acquiring company is absorbing operations and will close the purchased company within 30 days. They have offered me a lower position ( same pay so far) with new duties and new title

Thank you for your reply

This agreement is binding on you still, because of paragraph 7, which says, "This Agreement shall be binding upon Employee, his heirs, personal representatives, successors and assigns and shall inure to the benefit of the Company and its successors and assigns."

The contract clause prohibiting you seeking employment can be argued as overly broad, which is a ground for the court to modify the clause to make it more restrictive, since it prohibits you from taking any job anywhere in the industry territory where your company operates, which is arguably not the minimally restrictive means a company needs to protect their interests. However, otherwise this contract can still be enforced although the severity of the job restriction would likely be modified by the court.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 10 months ago
That makes sense. But does that protection remain in place if they assign me a new title and duties ( demotion)

Thank you for your reply.

Yes, it does not say that it would change if your position changes within the company, since you are employed by the company's successor. So because it is not restricted to only the position you currently have, it would continue to be effective on you even if they change your position within the company.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,956
Experience: 20+ Years of Employment Law Experience
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