Legal Question in Business Law in New York

Employment agreements

Does a severance agreement that says it supersedes all prior agreements between the employee and employer mean the original employee agreement which included a non-compete clause is no longer valid?


Asked on 12/22/07, 4:48 pm

3 Answers from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Employment agreements

In Georgia, the exact wording of the merger clause in the severance and the non-compete provisions and encompassing contract would determine whether it was cancelled and superseded by the severance. Have a business attorney in the state whose law applies to the contracts review them.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 12/23/07, 3:46 pm
Nancy Delain Delain Law Office, PLLC

Re: Employment agreements

If you look at the employment agreement's noncompetition clause, I bet it says something about this clause surviving the termination of the agreement? That would keep the noncompetition clause valid in the face of the severance agreement.

Other factors can also enter in to keep the noncompete clause valid in the face of the severance agreement. You need to consult an attorney who is local to you before you proceed to compete in the face of a noncompete agreement. If you need a referral, try your local bar association or the state bar association.

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.

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Answered on 12/22/07, 4:56 pm
Kristen Browde Browde Law, P.C.

Re: Employment agreements

Quite possibly - but not necessarily. You should have the agreements reviewed by an attorney, preferably prior to signing.

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Answered on 12/22/07, 7:21 pm


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