Legal Question in Business Law in Missouri

No-compete clause

I signed a non- compete clause. My company has been purchased by another company and is moving almost all operations out-of-state. I have a retention/severance package because my position has been eliminated. Is the non-compete still enforcable?


Asked on 11/20/05, 10:55 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: No-compete clause

You need to get a legal opinion right away. You'll need someone who can sit down and read the agreement (and the severance agreement) and give you an opinion on the validity. There are simply too many variables to answer this one on the internet.

If you need a referral to an attorney, let me know and I will try to help you.

Read more
Answered on 11/20/05, 11:59 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: No-compete clause

Generally speaking, it would be standard for the company buying your former employer to buy all existing contracts together with the other assets. An attorney would have to review your specific non-compete agreement before being able to advise you. Under the circumstances, it may very well be that the new company has no interest in enforcing the old agreement and would agree to sign a release so that you would be protected from being sued for breach of the agreement at some later date. I would strongly advise you to consult with an attorney.

Read more
Answered on 11/20/05, 6:22 pm


Related Questions & Answers

More Business Law questions and answers in Missouri