Legal Question in Business Law in New Jersey

Re: Calling sales contact from an my past company

A covenant to not compete may be actionable..depending on its terms, its duration, and geographic limitations. Without seeing it, I cannot comment more appropriately.

regards,

RRG

Re: Calling sales contact from an my past company

Suggest you consult with an experienced business attorney and try to work out a solution to the problem, before you get served with an Order to Show Cause for a T.R.O., and a complaint for damages.

In the future, suggest you consult with an attorney BEFORE you sign what may be a legally enforceable agreement.

Re: Calling sales contact from an my past company

Your rights and obligations are governed by the contact itself and the common law. Despite the execution (signing) of a non-compete, the law is generally loathe to enforce it. Therefore, the non-compete must be narrowly tailored to meet your former employer's needs. If it is too broad (say it lasts 10 years)or the geography is too widespread (say it bars you from working in a similar line throughout the entire United States), courts will not enforce it.

Also, some non-competes fail for lack of consideration. If, for example, you were already an existing employee of the company and, after you were working there a while, your employer asked you to sign the non-compete, the contract may fail for lack of consideration. Generally, to be enforceable, a non-compete must be entered into as a condition of starting your job or after some sort of promotion to a new position.

Just some issues to think about.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

Re: Calling sales contact from an my past company

You admit you signed a " non compete clause in some agreement or other. " Why do you think you should not be held to it? People generally are held to the contracts they sign, unless they violate the law. I would have to read the contract to know if it complied with current New York thinking. I do not know New Jersey law on the subject and you should consult a New Jersy lawyer as well.