Legal Question in Employment Law in Maryland

Hello. My previous employer had me sign a noncompete agreement preventing solicitation of clients. I am now employed by a competitor in our industry who is questioning the document. In the agreement, my previous company is listed as: "ABC Company." The legal entity is actually "Company Name, LLC." Is this a legally binding agreement -- in other words, did my previous employer draw up the agreement properly? If I signed the agreement with the d/b/a instead of the legal entity does my previous employer have any standing?

Thank you.

Asked on 3/31/14, 12:50 pm

1 Answer from Attorneys

Thomas Valkenet Young & Valkenet

This is the same question you posted on AVVO. Many companies register trade names. If this is a registered trade name of the LLC, then you made a contract with that LLC. We recently helped a client where that was not the case, and we got her out of the non-compete. There are also other issues with a non-compete that could make it unenforceable, or more restricted than written.

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Answered on 4/01/14, 6:32 am

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