Assigment of Agreement in Non-Compete, still enforceable?

My firm was sold to a private, individual investor. The president of the firm left to take a full time position with another firm, informing me upon leaving that I am locked up in a non-compete and would be sued if I tried to go into business for myself, which is my intention.

After having my attorney review the non-compete included in my employment agreement, he concluded that I am not obligated to the non-compete based on an "assignment of agreement" article which reads: "neither employer nor employee may assign this agreement"

I am looking for a second opinion, as I do not want to lose a lawsuit from the new employer.

2 answers  |  asked Aug 20, 2003 08:41 AM [EST]  |  applies to Illinois

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Answers (2)

Aaron Maduff
Assigment of Agreement in Non-Compete, still enforceable?

I would have to review the agreement to make a proper recommendation, but it sounds as though your attorney is correct. In addition, we often find that non-competes are written so broadly as to be unenforceable in any event. Finally, there may be ways for you to go into business doing something similar without violating the non-compete. But again, we would need to review it before we could really give advice.
Aaron Maduff

posted by Aaron Maduff  |  Aug 20, 2003 09:47 AM [EST]
Aaron Maduff
Assigment of Agreement in Non-Compete, still enforceable?

I would have to review the agreement to make a proper recommendation, but it sounds as though your attorney is correct. In addition, we often find that non-competes are written so broadly as to be unenforceable in any event. Finally, there may be ways for you to go into business doing something similar without violating the non-compete. But again, we would need to review it before we could really give advice.
Aaron Maduff

posted by Aaron Maduff  |  Aug 20, 2003 09:43 AM [EST]

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