Is my non-compete and non-solicitation agreement enforceable?

I signed a 24 month non-compete and non-solicitation agreement with company A in 2006. In 2007 I formed company B which then hired all of company A's employees and provided all the services that an employment service would generally provide for company A. No employee received any pay from company A after 2007. Company A received payables, provided delivery trucks and processing facility. Company A would deposit money into Company B's account which would them pay expenses. In December of 2010, I was let go from company B and started another business which included former customers of company A. Seeing that I have not received a paycheck from company A since 2006 and did not sign a non-compete agreement with company B, is my first non-compete/solicitation agreement enforceable?

1 answer  |  asked Jan 16, 2011 9:20 PM [EST]  |  applies to Michigan

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Answers (1)

Brad Glazier
It depends on the language in the agreement. Specifically, how the 24 month language reads. It soounds like the agreement may have expired, but I would need to see the agreement and get more facts to give a definitive answer.

posted by Brad Glazier  |  Jan 17, 2011 06:42 AM [EST]

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