I signed a Do Not Compete agreement with my last employer. The contract, which has errors in it, states I can't compete for 2 years following termination. If a client of my last employer wants to hire me directly and no longer wants to work with my last employer, would I be competing if they fired my ex company and hired me?
They are planning on firing my ex company regardless.
p.s. Can provide more information if needed.
3 Answers from Attorneys
Quite possibly. Contrary to some popular rumours, MN is not a "right to work" state regarding non-competes. They may be enforceable, but must follow Court guided parameters.
Having both enforced and nullified Non-compete agreements in litigation, I would recommend that you have the agreement reviewed by an experienced Business Attorney such as myself, and provide you with a legal opinion on the facts presented.
I am in Eden Prairie, and I am available via Phone, Email, Text and Zoom (c) meetings.
The actual language of the agreement would need to be reviewed. If it was well written then there is no reason to think that you would be allowed to service a former client of your former employer. That is, this would certainly compete. Many of these agreements will also specifically discuss non-circumvention/solicitation as well.
I suggest that you consult with a lawyer in private and discuss your agreement in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
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.
Although these agreements are permitted, they are disfavored by the courts. Unfortunately, if your potential employer fires your past employer, it may encourage your past employer to suit. Obviously, you should inform your potential employer of the situation. Perhaps, they can have their attorney analyze the situation.
Related Questions & Answers
We are a vendor and we paid a promoter the full booth fee plus a handling fee. The... Asked 4/27/20, 12:02 am in United States Minnesota Business Law
Forming a new company. Does having the title of General Counsel or Chief Legal... Asked 5/24/19, 12:10 pm in United States Minnesota Business Law
Can my boss tell my coworkers what I was in jail for Asked 1/25/19, 10:51 pm in United States Minnesota Business Law
A verbal agreement was made in MN. to receive bi- monthly payments until such... Asked 12/01/17, 4:28 pm in United States Minnesota Business Law