Legal Question in Employment Law in New Jersey
NJ 3 year non-compete agreement
My husband was a salesman for a company for ten years in NJ bringing 150+ clients with him and built up that client base to over 750. He has an empl. agmt. saying when he left the co., he could take the equivalent no. of clients with him when he left but was unsigned by the owner; however written in the owner's handwriting. My husband signed a non-compete agmt for 3 years after leaving co. He was fired 8/13/04 for writing a letter on behalf of other salesmen who were not being paid their back commissions (when he was fired, the co. owed him $26,000 in back commissions). We tried the labor laws route but the co. said he was a manager and they did not take the case. He contacted the clients to ask them to return to him and 35 have so far. We got a ''cease and desist'' letter from the co. who said they would sue because of the 3 year non-compete agmt. Can the company sue? Thanks.
2 Answers from Attorneys
Re: NJ 3 year non-compete agreement
You raise some very complicated issues that in all honesty are unanswerable without looking at all of the relevant documents.
As a general principal, I will say that a 3 year non-compete sounds a little unreasonable. Again, without know all of the facts (ie did he receive consideration for signing the non-compete), I can not give you a more definitive answer.
I suggest that your husband immediately contact an attorney (either me or someone else) familiar with the issues you raise.
If you would like to discuss this matter further, send me an email, [email protected], or click on my "Attorney Profile" for my additional contact information.
Regards.
Re: NJ 3 year non-compete agreement
You raise some very complicated issues that in all honesty are unanswerable without looking at all of the relevant documents.
As a general principle, I will say that a 3 year non-compete sounds a little unreasonable. Again, without know all of the facts (ie did he receive consideration for signing the non-compete), I can not give you a more definitive answer.
I suggest that your husband immediately contact an attorney (either me or someone else) familiar with the issues you raise.
If you would like to discuss this matter further, send me an email, [email protected], or click on my "Attorney Profile" for my additional contact information.
Regards.
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