Legal Question in Business Law in New Jersey

I signed a non-compete / non-solicitation agreement with a company whilst working as an LLC. The company then made me staff / full time position. After 2 years, the company had problems and forced me to work as a consultant with them, although I was contracted to a subsidiary company and paid by them. They let me go in January, approximately 16 months after leaving the firm as a staff employee. Can they still enforce the original Non compete / solicitation from the start? I need to use my LLC to earn a living


Asked on 3/04/13, 2:34 pm

3 Answers from Attorneys

Barry Gartenberg Barry F. Gartenberg LLC

To paraphrase H.L. Mencken, � For every question, there is an answer that is simple, neat and wrong. ---

Non-compete agreements are enforceable to the extent a court will regard them to be "reasonable." Each such case is decided on its own merits and there are several criteria courts used to determine whether the restriction is, in fact, reasonable. I routinely represent clients in such matters. But, a meaningful analysis cannot be undertaken in a brief email exchange. Please feel free to contact me to explore your circumstances.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

Please visit my website! www.bgartenberg.com or call me 973-921-0600 if you�d like to learn more about me or my practice. Thank you.

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Answered on 3/04/13, 2:45 pm
Robert Davies The Davies Law Firm, P.A.

What the real answer is, is that you need to get the agreement looked at by a lawyer who knows what he/she is doing.

Call me and I will assist. 201 820 3460

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Answered on 3/04/13, 3:19 pm
Walter LeVine Walter D. LeVine, Esq.

I agree with both authors. Without reading what you signed may make any response purely speculative. Just being out of work, in itself, does not make a valid agreement unenforceable.

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Answered on 3/04/13, 7:55 pm


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