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Can the non compete form I signed be enforced?
Anonymous2 views5 answers
My husband and run a shipping and receiving company that we took over from my father June 1, 2014. At the time we had a client that we did pick and pack for and I answered phones and did some billing for also. Our clients business is distributing fire protection products. In August 2014 he had us sign a non disclosure /compete form. We later found out that he had taken our company name and incorporated it as his own in September 2014. We changed our name and eventually severed ties. In March of this year he started running a company similar to ours and how he is trying to claim that we are in violation of the non compete agreement. Is this possible if our business was started first?
This is a complex situation and it will very much depend upon the wording of the agreement and the entire set of facts. I urge you to consult with a local lawyer experienced in non-compete agreements. Why did you let him take your business name?
Richard J. ChertockReal Estate AttorneyMelville, NY ·
The non compete agreement would need to be reviewed in order to determine if and to what extent it is enforceable. In this case it seems the cart may have been put before the horse and it would not be enforceable but it still must be reviewed to answer correctly.
