Legal Question in Business Law in New York

I worked for a company directly and signed a non compete. I was laid off by the company but retained as an agent, meaning I was not a direct employee and did not work solely for said company. Said company let me get paid on my book of business I signed while being a direct employee. I have since went to work for another company. Is my non-compete null and void due to my second agreement to not work for them exclusively? Mainly do I have the right to speak with my past clients?

Thanks


Asked on 4/19/11, 9:37 am

2 Answers from Attorneys
Christopher Moye The Law Office of Christopher Moye

That's nearly impossible to answer without meeting with an attorney first. There are a number of legal issues here. I have to be perfectly frank with you. I can't imagine that any attorney could answer this question without looking at the non-compete agreements and reviewing the issues personally.

I would also have concerns about exposing my new company to liability from the agreement you signed with your old company. I can't stress enough how seriously you should consider discussing this with an attorney before you move forward. There's a good amount of liability (based on the facts you presented) that requires a pretty careful look before ANY lawyer could answer your question(s) with authority.

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Answered on 4/19/11, 11:59 am
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I entirely agree with the other attorney answer. It's impossible to even begin to advise you without examining the documents you signed. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 4/19/11, 6:14 pm


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