Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My company just completed a merger and I'm being asked to…

Customer Question
My company just completed...

My company just completed a merger and I'm being asked to sign a new non-compete /confidentiality agreement with them. I'm not concerned over the confidentiality just the non-compete agreement.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

The affected state will be Illinois- the company's home office in North America. I'm based out of a home office but the agreement for terrority is North America- asumming the United States

Lawyer's Assistant: Has anything been filed or reported?

I have the non-compete but it is not signed as of yet. I received it on Dec 15th and need to return it before the end of this week. The cover letter suggests that terms of employment for next year are conditional on signing the agreement

Lawyer's Assistant: What can I say?

Can I have someone review the document there on line? Looking for some fast advice

Lawyer's Assistant: What can I say?

???

Lawyer's Assistant: What can I say?

Can you refer me to someone else?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What are your billing rates?

Lawyer's Assistant: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.

OK

Submitted: 5 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 14 minutes by:
12/20/2017
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,402
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
I'm about to sign a confidentiality - non-compete agreement after a merger - this means switching my current employer to the controlling company. I am a professional chemist who's career opportunities are limited based on past experience- 30 years in one industry.
The non-compete agreement is the concern. I have about 12 years left of employment. The terms include a large territory which is the United States and Canada for one year after termination for any reason. They are offering $100 in additional salary (less than 0.06% of my base salary) to sign the non-compete. The cover letter suggests that terms of employment beyond Jan 1, 2018 are dependent on signing the non-compete agreement.
I have a few questions:
_ What options do I have if I sign the non-compete then leave the company to work at a customer's location?
- What if the company expands into a business later? Can I work in that field without being held to the non-compete?
- What rights do I have if I refuse to sign?
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks so much. Bear with me a moment while I review.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Thanks for your patience. Could you tell me what state the agreement is going to be signed in? Where is the company located?

Ask Your Own Employment Law Question
Customer reply replied 5 months ago
Illinois- The regional (Americas) headquarters is in Carpentersville, IL and the company headquarters is near Milan, Italy
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Understood. Thank you. I need to review a few things real quick.

Ask Your Own Employment Law Question
Employment Lawyer: Legal Eagle, Lawyer replied 5 months ago

Ok, so the rule is that non-compete agreements are generally enforceable so long as they are reasonable in time, geography, and scope. Only a few states like California have completely outlawed non-compete agreements. So, let me answer your questions:

1. Your options: if you sign the non-compete and leave the company to work at a customer's location, it is possible and probable that they would sue you for breach of contract. Practically speaking, most employers rarely pursue this kind of action because it can be costly and they typically pursue it for higher level executives who may have trade secrets that they learned.

2. Business expansion: So long as you sign the non-compete, you'll be bound to it unless you and the employer come to a separate binding agreement that eliminates or modifies the non-compete.

3. If you refuse to sign: There isn't any law that allows you to work if you don't agree to the employer's terms. So, your right is to either negotiate the agreement or walk away from the employment. I usually recommending considering thinking about the interests of the employer in this situation; most of the time they are going to want to know you're not handing business secrets to a competitor. if you can assure them that you will not, they just may reconsider the non-compete given the scope of your industry.

Did you have other questions for me regarding this?

Ask Your Own Employment Law Question
Was this answer helpful?
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,402
11,402 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
i received a breach of contract (termed as non solicitation
i received a breach of contract (termed as non solicitation period) notice in mail from the attorney representing one of my former employer in NJ (not immediate). As per the agreement i signed with th… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
I am employed as a caregiver and signed a non compete Agreement
I am employed as a caregiver and signed a non compete Agreement when I was hired,and I signed an extension relating to the family of my client, all lasting 2 years after termination of employment. Lat… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
37,077 satisfied customers
I worked for H&R Block Taxes in central Ohio until April of
I worked for H&R Block Taxes in central Ohio until April of last year; their non-compete clause requires me not to compete with them for 2 years and within 100 miles of their District boundaries. I wa… read more
Experienced Attorney
Experienced Attorney
JD
268 satisfied customers
My employment was terminated yesterday without cause
Second opinion] My employment was terminated yesterday without cause effective May 31st.… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Are you an attorney? South Carolina. Termination of
individual was here on E2 visa, was to purchase 50 shares of stock, but failed to make payments under the contact, was found to be working on getting her boyfriend into the US to start a different business in competition to the one she was to be here on her E2 and was terminated. She has hired an attorney but it is not in suit yet, as President and CEO can I speak for the company in this matter?… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I LIVE IN DE AND MY EMPLOYMENT WAS TERMINATED. THE COMPANY
I LIVE IN DE AND MY EMPLOYMENT WAS TERMINATED. THE COMPANY HAD ME SIGN A MUTUAL SEPARATION AGREEMENT WITH 6 WEEKS SEVERANCE. CAN I STILL GET UNEMPLOYMENT? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was fired in breach of contract, they can fire me without
I was fired in breach of contract, they can fire me without reason but they have to give 7 days notice. There was also workplace harrassment, bullying, retaliation, sexual harrassment, theft and unpai… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
732 satisfied customers
Is there any case law for termination of an employee for
Is there any case law for termination of an employee for speech prior to being employed. Like 5 years before. … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Is there a statute governing transactions of a terminated
Is there a statute governing transactions of a terminated salesperson? To be specific, does the law say that an Agency owes commission to a terminated agent if the deal closes after their termination?… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can a US citizen be terminated and replaced with an
Can a US citizen be terminated and replaced with an immigrant on a L-1 visa? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
I was terminated. The language used in my termination was
I was terminated. The language used in my termination was "result of company reorganization". I had not received notice of any disciplinary issues. My job was posted as available within one business d… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,893 satisfied customers
How do I know if I was wrongfully terminated. There was a
there was a discussion with my manager and her boss and I would not sign a corrective action because I felt like it was not true and the next day I got a phone call from my bosses boss and HR with termination … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
I was in jail and terminated for job abandonment in the
i was in jail and terminated for job abandonment in the state of washington. can i still apply for unemployment? … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My employment was terminated March 16th of this year and
My employment was terminated March 16th of this year and they haven't paid me my last paycheck. I was listed as contract for that period … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was terminated from employment based on misconduct
I was terminated from employment based on misconduct accordingly to HR however after review of the codes of conduct I believe I was wrongfully terminated. I was also denied unemployment because of the… read more
Legal Eagle
Legal Eagle
Lawyer
11,402 satisfied customers
Apart from breach of contract, when an employer a 1099
Apart from breach of contract, when an employer a 1099 independent contractor and provides information regarding policies and procedures (given months after a contract was signed) which must be follow… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
i am an independant contractor with mckee foods little debbie
i am an independant contractor with mckee foods little debbie snacks . after 14 yrs of service my route is being pulled for breach of contract. my route grew to over 77 stops and i was having trouble … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can an independent contractor be fired? If a sports organization
Can an independent contractor be fired? If a sports organization that uses independent contractors wants to terminate the relationship, does the organization owe the independent contractor the compens… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x