Legal Question in Business Law in New Hampshire

Re: Non-compete agreement

No, the sale of the company would not operate to terminate the agreement, but you should bring the agreement to an employment lawyer for analysis -- highly unlikely IMO that a term in excess of four years would be enforceable absent trade secrets or other special circumstances.

Best wishes,

LDWG

Re: Non-compete agreement

The answer to your questions would require a review of the document and the terms of the sale of the business. If the non-compete was an asset of the business and it was transferred with the sale, then you would be bound to the terms. If you signed a new employment agreement with the new company, then that document would also need to be reviewed.

Non-compete agreements are often drafted in a rather broad form. The court tends to narrow the scope of these agreements to areas necessary to protect legitimate business interests only.

Meeeting with an attorney to review all of the details would be the best option.

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