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  1. #1
    Join Date
    May 2005
    Posts
    2

    Default Company changes business direction - non compete dissolved?

    Hello,

    This is a real life example of a problem I have and would appreciate the help

    Company X business is A, B and C.

    When I was hired, I signed a non compete agreement not to work for a company which competed with A,B and C.

    I left company X 3 months ago and my non compete will expire in 9 months.

    Recently company X decided to abandon business C and focus only on business A and B.

    Can I now work for a company which provides business C immediately since they are no longer in that business or must I still respect my 9 month clause.

    thanks

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Non-Compete Issues

    You may wish to directly ask Company X if they will excuse you from the noncompete in relation to Company C.

    The enforceability of noncompete agreements varies significantly by state.

  3. #3
    Join Date
    May 2005
    Posts
    2

    Default

    Thank you.
    However that would raise an unnecessary flag and they would have no reason to exempt business C.

    What I want to know is if it is a defendable case that my non compete is no longer enforceable for business C because I couild not be competing since Company is no longer even playing in the game.

    Jurisdiction is NC law.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Non-Compete in North Carolina

    Your best bet would be to take the non-compete to a business or employment lawyer, describe your situation, and get an opinion on its enforceability.

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