Legal Question in Employment Law in Georgia
Non-Compete/Solicitation after Acquisition
I was working as a consultant with a client through a intermediate company. I signed a 12 month contract with the intermediate company that I wont work with the client after I leave them. Now if the client is acquired by another company (who is not a client of the intermediate company) or if the client partners with another company, can I provide services directly to the client's partner ? Is the non-compete/solicitation enforceable in that case ?
2 Answers from Attorneys
Re: Non-Compete/Solicitation after Acquisition
No one here knows what the contract states, how the company was acquired, what you mean by "partner with," or other relevant facts. Most contract do not become invalid simply because ownership of a company changes. Have a qualified lawyer review the contract and facts.
Re: Non-Compete/Solicitation after Acquisition
As Scott indicated, it depends on a number of factors. First, is the original nonsolicitation enforceable to begin with? Next, does it have language that would cover individuals within the client company or successor (or partnering) companies? Also, what is the nature of the client's acquisition or partnering arrangement? An attorney with significant experience in restrictive covenants should be able to answer these questions for you.
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