Legal Question in Employment Law in Florida

Employment Law

Is a Sales Non-Compete clause still valid or enforceable if a company's owners sell the company to a competitor?


Asked on 6/07/08, 5:53 pm

2 Answers from Attorneys

Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: Employment Law

This depends on two things: First, whether the sale of the company is a "stock" purchase, or an "asset" purchase, and second whether there is a clause in the underlying agreement which allows the company to assign the contract to a successor entity. In common law, restrictive covenants were of the nature of personal services agreements and could not be assigned. Nowadays, courts allow assignment of these contracts to successor entities if the parties have consented to such assignment.

When a new company simply steps into the shoes of the old company i.e. in a stock purchase, then there is a good likelihood that a court would enforce the agreement, since the parties to the agreement have not changed.

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Answered on 6/09/08, 11:52 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Employment Law

yes

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Answered on 6/08/08, 11:18 am


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