is a new employer liable to be sued by former employer in a non compete?

Left former employer, thought the non compete was void due to old employer shook hands, wished me well, and knew I was going to work for small competitor. 6 months later, old employer sent new employer a copy of non compete agreement, never threatened legal action, nor was legal action ever taken. 3 months later I was told I was being laid off for lack of work. after collecting unemployment for a while, new employer challenged unemployment. Had a hearing with unemployment, was denied unemployment stating new employer discharged me to avoid legal liability. Took case to civil court, judge ruled in favor of unemployments decision. My question, if the new employer, and myself, were unaware of existing non compete, could the new employer be at risk for legal liability, since evidently the contract was between myself and the former employer, not my new employer? Please provide ohio law that covers this. I still do not feel I was discharged in connection with work. I have one appeal left. Thank You!!!

1 answer  |  asked May 4, 2010 06:58 AM [EST]  |  applies to Ohio

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Neil Rubin
First and foremost, get a lawyer for the Unemployment appeal! If you lose, you will be required to pay everything back that you received from the Ohio Department of Job and Family Services.

Second, you have a milieu of facts here so I can't say for sure without going deeper into the circumstances. However, yes, your new employer can be brought in as a party in the non-compete; certainly if he knew about it ahead of time. One big question I have: how is it that you "were unaware of the existing non-compete"? "Wishing you well" does not void the contract.

I am willing to speak to you briefly free-of-charge to discuss the matter to see if I can guide you.

Neil Scott Rubin
Attorney at Law, LLC.
P.O. Box 691
Twinsburg, Ohio 44087

phone: 216-923-0333
fax: 330-405-0907
This email message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

posted by Neil Rubin  |  May 4, 2010 07:12 AM [EST]

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