Legal Question in Business Law in Pennsylvania
no compete agreement
i had signed a no compete with the owner of company A. the company was sold to a new owner. is my no compete still valid with the new owner?
2 Answers from Attorneys
Re: no compete agreement
This is dependent upon how the contract is structured. More importantly what did you agree to, take the time to schedule a meeting with an attorney to discuss this in more detail. Without reviewing the document I am limited in my response.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, PC
412.731.0865
Re: no compete agreement
You asked if a non-compete agreement is valid.
It depends. Generally whatever is within the four corners of the agreement will be found to be binding. SO if the agreement is between you and former owner of the business then it may not be binding. If instead, the agreement was with the business then the agreement would still be binding. Then there is the hybrid, if the owner signed as X doing business as Y then the agreement may still be binding.
More importantly you should realize that non-compete agreements are not looked favorably when written broadly or entered with lower level employees. Depending on your position you may be able to open a competitive shop across the street tommorrow or you may need to wait a year to and open a shop outside the state or region.
If this an actual concern of yours then you should consult an attorney and discuss options for conducting your business where and when you wish.
Regards,
Roger Traversa
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