Can I Sue Old Employer for damages to Income?
Hi, My question is based on a non-compete injunction that is coming to keep me from working for a new employer. You need a little history to understand the complex issues of this case. Three years ago I was hired by a company I'll call "A". I was asked to sign a "confidentiality" agreement, but no "non-compete". After two years company "A" merged with company "B". B tried to get all of company A's employees to sign a "non-compete". I did not. After a year I was laid-off for lack of work. I was hired by company "C" who is a direct competitor of company "B". Company "C" hired me as a private contractor on a 1099. I was told by "C" that "B" will be trying to stop me from working for "C". "C" has just taken work from me and told me it is because of company "B". Can you give me any advice?
1 answer | asked Mar 20, 2003 09:28 AM [EST] | applies to New York
Answers (1)
I can't give you any advice because you are not my client. The only thing I can do is to give a general answer to a general set of facts.
It looks like your old employer thinks it has a non-compete with you. To get them to stop their behavior, you may need to go to court to get a declaratory judgment that you don't have a non-compete, and even if you did it would not be enforceable under New York State law.
You might be able to get damages under a theory of intentional interference with contractual relations. You might also have an antitrust claim.
posted by David M. Lira | Mar 20, 2003 12:23 PM [EST]
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