Legal Question in Employment Law in New Jersey
If you signed a non compete in 2001 with company "X" and company X was sold in 2003 to bigger company but still operated under name of company "x" and now it was sold again today, will the non compete hold up since it is still doing business as the same company?
Asked on 11/05/15, 8:54 am
1 Answer from Attorneys
John Corbett
Corbett Law Firm LLC
That could go either way in court. If the change in management creates a situation where the restrictions of the agreement are materially different than in the original agreement, a court in NJ might elect to enforce the agreement or to enforce only so much of the restrictions as would apply if the management change had not taken place. Cases involving non-compete agreements tend to be very fact-specific.
See also: http://info.corbettlaw.net/lawguru.htm
Answered on 11/06/15, 3:48 pm
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