Public Bids

I've recently left a company, where I held a sales position. I did sign a non-compete contract prior to my employment. I recently resigned from my position and have taken a sales manager position with a psuedo competitor. After I left, a few of my customers called me on my cell, and I explained to them that I was no longer with my previous company, and that I was still in the business, but that they needed to continue to operate with my former employer. A few did state that they did not want to do business with my previous company, but with me.

My former employer is no chasing me for non-compete over a customer who issued a public bid, that I was invited to participate in, the bid has not been awarded yet, and there is no money lost. Am I correct in thinking that they cannot prevent me from being part of a public bid that went out to several (8) companies?

1 answer  |  asked Jul 28, 2004 10:36 AM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
You may be violating the agreement.

Initially, I must note that we have not met, I have not reviewed your contract or the specific facts of your problem, I do not represent you and therefore, any response I give to your question is for informational purposes only, and is not a legal opinion on which you can rely.

That being said, without reviewing your non-compete contract with your previous employer, and without understanding why your current employer is only a "pseudo" competitor, no attorney can give you a reliable response to your question.

The fact that the client has a public bid out will likely have little impact on your case; instead, the issue will be whether the client would ever do business with your former employer, and whether the bid is for services that your employer provided while you were there, whether you were involved with that client on behalf your your former employer, the terms of the noncompete and the facts surrounding your employment and signature on the agreement.

If you wish to discuss this issue further, feel free to contact me at the number or address below.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Jul 29, 2004 08:38 AM [EST]

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