Legal Question in Business Law in Minnesota

I was recently laid off from a company and there had been an original non compete as part of the hiring process. (no additional compensation or consideration for this and presented after an offer but before start).

The usual language exists such as" (i) if the businesses product or services competes with any product or service sold by the company" etc. (ii) "competes with any product or service intending to be sold at the time of termination"

The new Employer I am interested in is actually listed as a technology partner on my former employers web site. Also at the new prospective employer they also list my former one as a tech partner. Does this then by definition mean they could not be considered a competitor as far as the legal language goes?

Asked on 7/04/16, 9:41 am

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Do they sell same priduct or service?

In MN courts will scrutinize NC agreements and enforce if only they protect legitimate business interests and are reasonable in borh time and geographic restrictions

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Answered on 7/04/16, 10:35 am
Robert Kane Law Offices of Robert D. Kane, Jr.

The answer you seek isn't as black and white as you desire. You can look up the definitions, but a partner could very well be determined to be in competition as far as the clause is concerned. Other factors will be considered, including could either company's client simply switch the other to get what it needs.

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Answered on 7/04/16, 1:20 pm

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