Legal Question in Business Law in New York

I work for a pest control company in New York state. I signed a no-compete when i was hired. I am considering starting my own company that offers many things my current company doesnt, as well as pest control. Will I be at risk for a lawsuit, or as long as i do not offer the same exact services they do should i be ok? thank you


Asked on 11/23/13, 8:37 am

3 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Not having seen the non-compete this is difficult to answer. If I could see the non-compete language I would give an opinion. Contact me directly for assistance.

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Answered on 11/23/13, 10:12 am
Frank Natoli Natoli-Legal, LLC

The short answer is yes, you can be sued - you can always be sued. Of course, doing so requires a major commitment from the former employer and a lot of money and the bigger question is "will it be worth that effort?" The likelihood that you will be sued is slim but it happens.

In NY, non-competes between employers and employees are rarely enforced, but this does not mean that those suits are not brought.

As my colleague notes, the agreement will need to be reviewed along with all the facts in circumstances in order for anyone to offer advice.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 11/25/13, 8:03 am
ANUJ SHARMA, ESQ. A SHARMA LAW FIRM, PLLC

You can be sued for violating the employment contract and also would need to review the employment contract to give you exact advice. Please contact us and we can take care of this matter for a reasonable fees.

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Answered on 11/25/13, 8:33 am


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