Legal Question in Employment Law in New York

Noncompete

June 2002 I was employed by a Buffalo Firm as Chief Executive Officer and Vice President. I was terminated with much surprise, as I had received a letter from the owner of the corporation one month before detailing his intention to turn the company over to me through succession.

I received a letter approximately one week later confirming my termination without a reason stated, and detailing that my noncompete clause in my executive employment agreement would be enforced for a period of two years and that the six months severance due me would not be granted.

I quickly realized that the current business climate was unable to provide and opportunity in my career field of work without selling my home and moving. I elected to go into the material handling consulting business as my own corporation.

I was immediately sued by the Buffalo firm and next week, Feb 19, 2004 will appear before the Erie Cty. Supreme Court Judge to define our cases,.

Do any similar case histories exist that can be provided to expedite closure of this case? Prevent it from even going to trial and wasting my time? Counter sue potentials?

Your expedient reply is appreciated.

Sincerely.


Asked on 2/14/04, 1:27 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Noncompete

Non-compete clauses will be enforced to the extent that they are deemed reasonable. You will probably have to be a party to the litigation and may have to try the case in order to get a decision to that effect, and there's no guarantee of success. Your only hope is to arge that a 2 year non-compete clause is unreasonable and deprives you of an opprtunity to earn a living. If the firm sticks to a gtuns it will be your burden to prove it so but if you don;t fold they may be willing to settle for a less burdensome non-compete period. I'm afraid if they aren't you have two options. Fighthing them and proving your case or moving.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/16/04, 11:22 am


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