Non-compete with dissolved, but sold
I signed a 6 month non-compete with a Manufacturer's Rep Firm. I have been terminated because the assets and commissions due to be paid have been sold to a competing Rep firm and the corporation I signed the agreement with has been dissolved. The new firm wants me to sign a 1 year non-compete which I won't do. Am I bound to the previous 6 mo. non-compete and what are the new firms legal obligations to pay me commission since my employment contract(that detailed commissions)with the old firm no longer exists?
1 answer | asked Sep 6, 2001 9:39 PM [EST] | applies to Wisconsin
Answers (1)
Non-Compete Agreements
Non-compete agreements are reviewed on a case-by-case basis. Generally, courts look at 2 things: is there a reasonable geographic limit on the agreement? and is there a reasonable time limit on the agreement? If the answer to both is yes, it will likely be enforceable.
On the question of who is liable to pay commissions, that is a more difficult question. You can always file a wage claim with the Wis. Dept. of Workforce Development, free of charge, and have them investigate the issue.
posted by Janet L. Heins | Sep 7, 2001 09:10 AM [EST]
Non-compete agreements are reviewed on a case-by-case basis. Generally, courts look at 2 things: is there a reasonable geographic limit on the agreement? and is there a reasonable time limit on the agreement? If the answer to both is yes, it will likely be enforceable.
On the question of who is liable to pay commissions, that is a more difficult question. You can always file a wage claim with the Wis. Dept. of Workforce Development, free of charge, and have them investigate the issue.
posted by Janet L. Heins | Sep 7, 2001 09:10 AM [EST]
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