Legal Question in Business Law in New Jersey

Re: Non Compete

The initial question I have is whether or not you actually signed any form of non-compete with the former employer. I will assume in this post that you did not, however if in fact you did, the analysis changes.

You are under no obligation to withhold contact with the former employer's clients, unless the former employer is able to establish that his client list represents a trade secret of the business. If this cannot be established, then your proposal to your former employer should be enforceable if drafted in an agreement properly.

Re: Non Compete

I have read what the other attorney said.

I suggest you consult an attorney located not too far from you, who handles business litigation, and who has had some real experience (pursued and/or defended at least 2 or 3 lawsuits) on non-compete agreements.

I suggest that you NOT sign anything, nor agree to anything, until you get a lawyer's advice.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Non Compete

Disputes involving trade secrets and employer confidential information are sometimes complex and often turn on subtle facts. I agree that you should consult a lawyer who is experienced in business litigation and intellectual property. I would advise against communicating with your former employer at all except perhaps to generally deny that you are doing anything wrong. Even so, that would be better to come from your lawyer. I definitely agree that you should not sign any after the fact agreement unless it is part of a settlement in which you have gotten competent legal advice. You have absolutely nothing to gain by negotiating by yourself. You should also consider the fact that you need to ensure that anything that you give to your former employer is not damaging to your current employer. Otherwise, you could wind up minus your new job and still in a lawsuit with your former employer.

I have handled non-compete disputes for both individuals and businesses. Base on my experiences, I think that you would benefit by getting some information on what things you can do and what you can't. There is some other information that you need to know that is best not discussed in an open forum. If I can be of further help to you, please call or contact me by email. The first consultation will be free.

See also: http://info.corbettlaw.net/lawguru.htm