Is it Non compete if do same job but not competing? Also company sold to new company.

I work as a MSDS author for a company that authors MSDS for many companys. I signed an agreement with my company (Comany X) that says I will not compete against them or there best interest. If I went to another company in another state to author MSDS just for them and not for other customers owuld that be considered competing?

Also my company was just bought out by employee Y based in California where I hear non competes are not legal. I have been told though that this company bought our contracts which were signed under the rules of Maryland. Would this effect the contract as well?

1 answer  |  asked Jan 18, 2005 1:22 PM [EST]  |  applies to Tennessee

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Answers (1)

James Becker, Jr.
Noncompete enforcement

A large part of your answer depends on where you are working. If you were working in California, then California law would apply to the enforcement of your noncompete agreement. If you are working in Tennessee, then Tennessee law should apply to your situation.

In Tennessee a non-compete agreement is generally enforceable if the conditions for enforcement are met. However, if you are not treading on your former employer's turf, most likely it will not pursue an action against you.

You need to consult with an attorney anytime you have questions about a contract. [Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

posted by James Becker, Jr.  |  Jan 18, 2005 1:31 PM [EST]

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