non-compete issue in IT.

I joined a company back in 2/02. I was
asked to call on an account. I had
previously called on the account but
in a different area. I was asked to
further develop a relationship with
the account. The firm had just started to
do business with account, but needed
to grow it. So I developed additional
relationships. The firm let me go after
3 months they were a seedy bunch and I
was smart enough not to expose my
relationships at other accounts. I left
went to another firm and have called on
both my contacts and new ones. My current
firm has done business with this account
in the past. My previous employer found
out I was calling on the account and
threatened me with legal action as well
as saying they will send a letter to my
employer. Since they fired me or let me
go do I have a better case and what about
the fact that my current company
has done business with the client again
in different areas?

Will they fire me?

1 answer  |  asked Feb 28, 2003 5:38 PM [EST]  |  applies to New York

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

David M. Lira
What is Better

The facts that you were involuntarily released from for former employer, and your current employer had previously done business with the customer puts you in a marginally better position. Strictly speaking from the point of view of the law, as opposed from the point of view of pursuasion, the key point is that non-competes in employment contracts are disfavored by the courts in New York.

Will your current employer fire you? That is impossible for me to say. Some employers, wanting to avoid a lawsuit, will fire the employee. Others won't.

posted by David M. Lira  |  Mar 3, 2003 08:41 AM [EST]

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