-1

I want to know if I am still legally bound by an NDA contract that I signed with my employer when I first started the job. The NDA states that I cannot compete with the store for a 1-year uninterrupted period after termination. I quit this job 6 months ago, however, the store owner/employer just recently sold the store (which is part of a franchise) to another person. I want to know if I am still bound by this NDA since he is no longer the owner specified in the NDA contract.

  • 2
    Ask your lawyer. – Nij Feb 8 at 6:10
  • 1
    I would say someone could talk about the enforceability of "no compete" clauses and provide some refs to get more info. – Harper - Reinstate Monica Feb 8 at 8:04
  • 3
    NDA is not a Non Compete. it is a disclosure thing. The Non-Compete Clause is, in essence, a different contract. – Trish Feb 8 at 15:29
  • Yeah, someone could. When it involves a specific contract for a specific person, that "someone" is the person's lawyer. @Harper-ReinstateMonica Otherwise we have plenty of potential generic duplicates, so keeping this one open is pointless. – Nij Feb 9 at 0:52
2

Non-compete clauses are usually drafted in the sense of not harming the company, and therefore the sale of a company does not extinguish its rights (and obligations) with respect to others.

You would need to assess whether the language in your clause or contract permits a reasonable interpretation that the intent is to avoid harming the owner with whom you signed it. However, that seems unlikely.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.