Non Compete Order

UPDATED: Sep 30, 2022

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Non Compete Order

Can an employer change the company name on a contractor agreement/non compete or
does he have to make a separate contract? A non compete was signed with his 1st
business, he then opened a 2nd business. Both company’s are active. It was not a
name change of the company the contract was made for.

Asked on August 23, 2016 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Generally, a non-competition agreement is only with the company with which it was signed: i.e. only that company can enforce it. There are exceptions, however: for example (main exception), if business 1 was an LLC or corporation and business 2 is an LLC or corporation owned by business 1, then if 2 is a similar or same line of work, the non-compete may (depending on its specific terms; e.g. does it say it applies to subidiaries, affiliates, etc.?) apply to it, too. You need to look at the terms of the contract and the precise facts to definitely answer this question.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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