Legal Question in Business Law in Indiana

buisness law

in indiana if you sign a no compete clause with an employer and quit your job without ever breaking the clause.and you go back to work a year later with that same employer does the old clause still apply to you or do you have to sign another? if the original only binded you for 6mths after employment termination.


Asked on 11/19/08, 6:51 am

2 Answers from Attorneys
Samuel Hasler Samuel Hasler

Re: buisness law

Interesting question and one that I am sure there is no direct case on in Indiana. The general rule is that the agreement must be in writing and must be signed before starting a job. Since you left, this is new employment. For more on non-competes, take a look at http://haslerlaw.blogspot.com/search/label/Non-compete%20agreements

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Answered on 11/19/08, 8:50 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: buisness law

Good question. generally I agree with Sam but would be more confortable answering this question if the entire contract was available and if you compared item by item your pay, benefits, duties and responisbilities as well as the employers for the intital period of employment and now. If identical, and if I represented the employer I could make a valid argument that the parties ratified the old agreement and that it is effective for the current period of employment. Without any case law on point, you are taking a risk of litigation if you violate the old clause.

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Answered on 11/19/08, 9:44 am


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