My company is selling my department to a competitor and arranged interviews with this competitor in-house at my company's headquarters to possibly get hired on with this competitor. They had us sign a noncompete form, which clearly states this competitor as a company we cannot work for, thus violating the noncompete form they made us sign. I was told by our HR department they are still going to try and enforce the noncompete on "a case by case basis," meaning i would need to bring them an offer from a competitor and they would review the offer and decide whether or not I'm able to accept the offer. My company is laying me off when the sale is completed, they have already violated the noncompete, and they are trying to control my future outside of the company (after deciding i have no future elsewhere within the company.) My question is, as they have already violated the noncompete themselves, are they able to still try and enforce the noncompete after i am officially laid off?
The company’s business decision to sell assets may not be subject to the non-compete you are referring to.
In any case, the non-compete applicable to you must be reasonably tailored to be enforceable.
I recommend you speak with an attorney in order to receive competent advice on your complex issues.
Best of luck to you!
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