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

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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