Asked over 3 years ago - Seattle, WA
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company I work for in IT services industry has lost the contract. Two specific emails in this instance from the company president has stated that they have no positions available for us to move to and that we could be released. A second email even stated that we should consider taking a position with the incomming winning vendor if we cannot find anything else.
Now in the 11th hour the President is shoving the non-compete agreement in our faces if we agree to move to the incomming company. It has a 1 year time frame and in IT service work that would be imo unreasonable. Has he inadvertently nullified his non compete via the 2 emails all have received? Thank you
Your noncompete agreement would have to be reviewed and more known about the facts in your case in order to give you an answer. However, based on what you said it seems that the President offered you the chance to avoid the noncompete and then withdrew the offer before you accepted it. If you had accepted another position based on the 2 emails prior to receiving the last message from the President you might have an argument that you reasonably relied on his offers, made a substantial commitment, and it would be inequitable for him to treat his offers as withdrawn now.
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