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Is an NDA or Non-Compete clause still legal when the company…

Hello! Yes. Is an...

Hello! Yes. Is an NDA or Non-Compete clause still legal when the company shut down in NYC?

Lawyer's Assistant: Was the non-compete agreement discussed with a manager or HR? Or with a lawyer?

In 2014, when it was signed (which I have no recollection of).... there WAS an HR person. But I do not recall ever being explained it!? The company is null and void beginning June 30. Clients all want to go with me cause A) NO COMPANY and B) THEY LOVED ME and C) CHEAPER and d) Client was up for review beginning July

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No. I am at wil.

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

My company has treated everyone like shit, but me, cause I am in demand and client wants to leave with me now that its null and void.

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Answered in 2 minutes by:
6/4/2018
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 43,051
Experience: 17 years practicing attorney
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

What do you mean "shut down"? Did they file bankruptcy, were they dissolved by the Sec of State as a corporate entity, did they just shut the doors and fire everyone?

.

.

thanks

Barrister

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And does your contract state you can't solicit clients....

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Customer reply replied 2 months ago
Hey Barrister - You look cute. So. I don't remember signing a contract. I kinda don't think I did? I legit looked in the server and my docs weren't there --- everyone else was. I began the company as a young temp, lmao. If I did sign something it was when the company was a COMPANY so ... it's shutting down. I am sending you the attachment. They let go the ENTIRE company. No warning. No severance. People they wanted to keep stayed for the "new business" freelance / consult / hourly (ME. they just want the ten percent). I WAS a PR DIRECTOR. Publicist. Clients want to leave with me! All 3 were up for review, btw. June 30. I think I owe them SHIT.

Thanks much... If you never signed the non compete, then it clearly isn't enforceable against you..

.

But assuming you did sign it, are you saying the company was taken over by a new company?

.

Have they contacted you about the contract and threatened any legal action?

Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 43,051
Experience: 17 years practicing attorney
Verified
Barrister and 87 other Employment Law Specialists are ready to help you
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Joycelaw
Joycelaw, Attorney
Category: Employment Law
Satisfied Customers: 124
Verified
Phone call session started
Customer reply replied 2 months ago
Thanks much... NO. NOTHING. Everything is still just sort of happening. They met me and said if clients leave cause the company is gone then they expect 10%. And I Said for how long? And they just stared and sing song said FOREVEAAAAA. They think i am a dumb pr person. The company wasnt taken over. The founders began a new company focused on "production."
Customer reply replied 2 months ago
I just want a letter or SOMETHING saying ummm u have no right because u aint a company!

Ok, so do you actually have a copy of a non compete? Or are they just telling you that you signed one?

.

And non competes are never forever... they have a limited duration, normally one to 3 years...

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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).

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