Legal Question in Business Law in New York

business contracts

I worked as an *independent contractor*geriatric care manager for a woman for over 7 years. She had me sign a non comptete. Then she encouraged me to start my own business and agreed the non compete would be dropped. She asked me to continue working with 2 clients under our previous terms.

When she wrote the new contract, she dropped all non compete wording and there is a line in there that states ''this reflects all understandings and agreements'' between us. In that particular covenant, there is no definition (understandings and agreements for these two clients) nor wording that suggests this new contract is an addendum to the first. She now wants to enforce the non compete from the old contract. Please advise if this is legally enforceable.


Asked on 7/30/07, 11:03 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Re: business contracts

Hmmm. I don't see anything in your statement of your facts that says the new contract specifically negates the noncompete agreement. However, you have relied on her word that the noncompete won't be enforced. It's a toss-up at this point as to whether the original noncompete clause is enforceable.

That said, though, courts generally don't like noncompete agreements and will often look for a reason not to enforce them.

You need to hire a lawyer for this; it is too big to handle here. If you cannot afford legal counsel, try your county's Legal Aid office.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
Answered on 7/31/07, 9:16 pm


Related Questions & Answers

More Business Law questions and answers in New York