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  1. #1
    Join Date
    Jun 2006
    Posts
    29

    Default Non Compete With Forfeited Company?

    If a company lost it's right to do business(SDAT in MD shows the name as forfeited and no new listing since listed in Pennsylvania as a slightly new business) can they enforce non competes in Maryland?

    I signed the contract more than a year ago and they never gave me a copy, it may be limited to a year anyway, but I can't find out. Are these typically a year from signing or a year from last payment?

    Thanks!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,580

    Default Re: Non Compete With Forfeited Company?

    Such agreements are typically for a year from the date you separate from the company.

    In Maryland, non-compete agreements are enforceable in some instances. I don't know what the specifics of yours are, but according to attorney James Rubin, not everyone who signs a non-compete is actually covered by it.
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  3. #3
    Join Date
    Jun 2006
    Posts
    29

    Default Re: Non Compete With Forfeited Company?

    Yes I did know that one year is about the longest they are enforceable in Maryland, but I do know of a company that won in court because there was no stipulation in the contract when the clock starts. In this case the judge ruled it started when the agreement was signed not when employment ended.

    My problem is that they won't give me a copy of my agreement, I tried from day one until today and they just say don't worry about it. Is there any way I can make them provide me a copy?

    Another thing that bothers me isn't the suit, it's the company(even knowing they can't sue, more specifically win) using a [sic]"Not Compete" to scare/intimidate business from me.

    Even more importantly is the fact that this company, originally formed in Maryland let their business get forfeited in Maryland and are now in Pennsylvania as a corp instead of an LLC. So if a company is doing(has physical location)business in Maryland would/could a judge "see" a case where the complainant was foreign Maryland.

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