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Old 09-19-2007, 10:21 AM
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Join Date: Sep 2007
Posts: 1
non-compete and aquisition

I have/had a non-compete with my employer, Company X, LLC. My employer was just acquired by a much larger company, Company Y. I did not have to sign a non-compete with this new company.

So, I now work for Company X, a division of Company Y. In other words, my employer, Company X, is still operating...we simply dropped the LLC.

There was no stock involved, as both companies are privately held.

My question is, is the old non-compete (with Company X, LLC) still valid?

Thank you!

Last edited by joenobody : 09-19-2007 at 10:25 AM.
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  #2  
Old 09-19-2007, 12:48 PM
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Join Date: Nov 2006
Posts: 465
Quote:
Originally Posted by joenobody View Post
I have/had a non-compete with my employer, Company X, LLC. My employer was just acquired by a much larger company, Company Y. I did not have to sign a non-compete with this new company.

So, I now work for Company X, a division of Company Y. In other words, my employer, Company X, is still operating...we simply dropped the LLC.

There was no stock involved, as both companies are privately held.

My question is, is the old non-compete (with Company X, LLC) still valid?

Thank you!
That would depend on the terms of the acquisition. Personally, I think that as long as Company Y is still doing business (regardless of the LLC) and your paychecks are still cut from that payroll, you're still an employee of Company Y and that the non compete is still in effect. That can be confirmed by the personnel office/department. You can also verify directly with Company X but from your post, in my opinion it doesn't sound as if your original employment terms were affected by the merger. I don't know if I'd rely on telephone calls alone but ask to see something in writing for your records.

Good luck.
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