can a public act recently enacted void a non-compete non-solicit contract that was violated before the public act
I am the employer -the employee violated the noncompete 6 months ago and is trying to get my case dismissed because of PA19 -117 sec 305 which has now made these agreements void but they weren't at time signed or violated
1 answer | asked Nov 28, 2019 8:03 PM [EST] | applies to Connecticut
Answers (1)
I am licensed to practice only in Ohio, so I cannot answer a question about Connecticut law. By way of general information only, in Ohio, legislation affecting substantive rights is generally not retroactive while legislation affecting a process, like the amount of time required to file a suit, can be.
Legislation that voids restrictive covenants would affect an employer's substantive right, which is an existing claim for breach of contract. That suggests that it would not be retroactive. In addition, the legislation itself may have a clause that states its effect on existing claims.Ask your lawyer to be sure and, for this issue, get a copy of the legislation and review it.
posted by Neil Klingshirn | Dec 2, 2019 08:01 AM [EST]
Legislation that voids restrictive covenants would affect an employer's substantive right, which is an existing claim for breach of contract. That suggests that it would not be retroactive. In addition, the legislation itself may have a clause that states its effect on existing claims.Ask your lawyer to be sure and, for this issue, get a copy of the legislation and review it.
posted by Neil Klingshirn | Dec 2, 2019 08:01 AM [EST]
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