I started a business 6 months ago. One of my partners was formerly my boss that I signed a non-compete and non-solicitation with. Things didn't work out and he's no longer a partner and he's still running his company that I once worked for. Recently I hired a former colleague from under him. He's threatening to sue me. Additionally the person I hired signed the same agreement but now lives in Europe. My business was registered in NJ. Am I ok or can he still cost me lots of time and money in court?
2007-02-06 12:56:43 · 2 answers · asked by owen08822 1 in Business & Finance ➔ Careers & Employment
Get a good attorney, no-compete and non-solicitation contracts rarely stand up in court. They definitely can not come after you in another country unless there is some sort of trademark or copyright infringement. If the pages of the contract are not numbered, no witness signed with the employee, or the area of non-compete is not defined it will definitely never make it to court. It will immediately be thrown out for lack of evidence. Usually a non-compete must read something like you can not open or work for another company within 30 miles of the business. You can not claim the whole world. It does not work that way.
2007-02-06 13:05:37 · answer #1 · answered by Lily 7 · 0⤊ 0⤋
You broke the non-solicitation agreement you signed. He has every right to sue you and will probably win. It doesn't matter where the person you hired lives now.
2007-02-06 21:03:27 · answer #2 · answered by Brian G 6 · 0⤊ 1⤋