Legal Question in Business Law in Massachusetts

Non Compete Agreement

I left employment with a company where I had been for 8 years, and had a noncompete agreement that was signed at the beginning of my employ there. The agreement was signed with a company name which was dissolved. I contacted some of my previous clients with that company to let them know that I was doing the Susan G Kohmen 3 Day walk for cancer in August, and againg sent a thankyou in September to the same. I received a letter today that states I am in violation of the noncompete agreement, however my contact with those prior clients was not business related. Should I be worried about this letter?

Thank you


Asked on 11/08/06, 9:03 am

2 Answers from Attorneys

Re: Non Compete Agreement

It would be an over reach for a former employer to send such a letter, but without actually reading the non-compete it is difficult to give actual advice. I would show the non-compete to an attorney. Also, while the successor to the dissolved business may have acquired rights to the agreement, the agreement has to indicate that the contract is assignable to a new entity and there are time limits once you leave the employ of that company regardless.

Show the letter and the non-compete to an attorney.

Read more
Answered on 11/08/06, 11:39 am
Lawrence Graves Coolidge & Graves PLLC

Re: Non Compete Agreement

I agree with your instinct that this seems an overreach by the former employer, but you should show the actual language of your agreement to an attorney for evaluation. BTW, the fact that the original company no longer exists is not likely to be of significance, as the successor corporation almost certainly would have acquired the benefits of all agreements to which its predecessor was a party.

Best wishes,

LDWG

Read more
Answered on 11/08/06, 9:52 am


Related Questions & Answers

More Business Law questions and answers in Massachusetts