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Does a new employer ever file an order to show cause to hire someone with non compete issues

Whippany, NJ |

Is it always the employee that does this. Why would a employer do this. It seems to be an invitation to trouble.

Attorney Answers 4

Posted

I've never heard of this happening, although theoretically it is possible.

A response to a question posted on Avvo is not intended to create an attorney-client relationship. It is informational only. Allan E. Richardson, Esq. arichardson@employmentlaw-nj.com Richardson, Galella & Austermuhl 142 Emerson ST., Woodbury, NJ 08096 856-579-7045.

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Posted

I agree with my colleague. Good luck.

Leonard R. Boyer, Esq. 201-.675-.5577. If you found this Answer helpful, please mark it as "Best Answer" Please be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

In the financial industry-stockbrokers often sign none compete clauses, and yet jump from one firm to another, and the issue is resolved by means of arbitration pursuant to industry rules. Doctors can have non-compete clauses in their employment agreements, but lawyers cannot.

I concur that a new employer is opening a Pandora's box by filing an OTSC. It would be better to have the new employer's attorney contact the old employer to negotiate a resolution or release.

Non-competes are disfavored, but will be upheld IF "reasonable" as to time and territory. An individual cannot be prohibited from working altogether, and forever.

If you need the name of an employment attorney, I can recommend two or more.

The foregoing is not intended to be legal advice upon which you may rely as I have not been retained for this purpose.

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Posted

This would not be the best strategic approach.

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