I had been working at a small business for 13 years. In the 10th year of my employment the company was bought. Within a few months the new owner had me sign a non-compete/non-disclosure agreement. My job as a "manager" was dissolved shortly thereafter and eventually I decided to leave the company. While my new company does not engage specifically in the same business as my previous one, we have done several small jobs in that specific area. My former employer has sent me a cease and desist, as well as documents saying I have breached my contract. However, shortly after I told them I was leaving, they decided to sell the department in which I worked (equipment & customer list). So they are no longer engaged in this area at all. Do they still have a right to hold me to the agreement?I should have mentioned, the original agreement was for 2 years and a 100 mile radius. It was very specific in what I could not do. Basically anything that had to do with my previous job in any way, even some areas that I was never involved in. I do have an attorney I am working with, but I am looking for more than one opinion. So is a C&D letter from an attorney enforceable, just like it were from a judge?
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