Legal Question in Employment Law in Missouri

Sued over non-compete from another state, transfer locally?

Myself and a close friend left our former employer. We worked for the employer for approximately 5 years. Before that employer we worked for a small company that was bought out by the larger company. During the buy-out we both signed a non-compete agreement with the buying company. The company is headquartered in St. Louis, MO. We signed the agreement and worked in NJ. We left the company about a year ago and each went our separate ways. We both started our own businesses in the same field. I had some legal problems with the old employer, but they quickly dropped their case when they investigated me and found I had not done business with any of their former customers. My friend has been doing business with the same customers he was serviceing while with the company. They are actively suing him in St. Louis. Does he have to go to St. Louis and fight them, or is their a way to force them to sue him in his own jurisdiction? We are afraid that fighting them in St. Louis is unfair, because the big ''tax paying company'' is suing the ''out of state guy who screwed them'' and a judge will not want to hear how the company mistreated him and tried to force him into unethical behavior. Any thoughts on this? Thank you.


Asked on 5/04/06, 8:36 am

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Sued over non-compete from another state, transfer locally?

This is a really complicated area. Not only does an attorney need to look at the agreements signed but also the underlying businesses, the nature of those businesses and areas of law called conflict of laws and jurisdiction.

Without question the employer can sue in whatever court it chooses. But the plaintiff must then gain jurisdiction over the person. This can be physical or legal. If the person consented to jurisdiction in an agreement then the fight is almost over. If not, then it is imperative that s/he hire an attorney for representation in his/her home state. That attorney will then consider what action to take to force the employer to either drop the suit, force the court to refuse jurisdiction or remove the suit to a more convenient jurisdiction or at least a more equitable forum. The latter is the most likely. Of course none of this is cheap or easy. But one mis-step and an individual can find themselves stuck defending a sit in a non-friendly jurisdiction and venue.

There are plenty of options but the only one that can't be taken is to do nothing. Hire an attorney and get advice specific to the transactions at issue.

Regards,

Roger Traversa

email: [email protected]

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Answered on 5/04/06, 10:22 am


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