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About A. Hall, Minnesota Attorney
Expertise
As a licensed Minnesota attorney, I can answer questions involving Minnesota law in the following areas: business ownership issues, forming a business, contracts, employment, securities, copyrights, trademarks, patents, licensing, trade secrets, unfair trade practices, shareholder disputes, tax law, M&A, corporate law, general business law, and resolving disputes through negotiation, arbitration, or litigation. I can provide general information for these topics in geographic locations outside Minnesota.

Experience
Aaron Hall is a licensed attorney, admitted to practice law in Minnesota state courts and the U.S. Federal District Court in Minnesota. Aaron Hall's experience includes service at the law firms of Fredrikson & Byron, Morrison Fenske & Sund, Foley & Mansfield, and Henningson & Snoxell. Aaron Hall also served as a judicial extern under the Honorable Paul A. Magnuson, United States District Court Judge, and as an adjunct professor at Concordia University teaching Introduction to Business Law, Business Law for Marketing Professionals, and Internet Law for Marketing Professionals courses. Aaron served in a variety of appointed positions for city, county, and state government entities, including the Burnsville City Board of Appeals, the 35W Solutions Alliance, the Minnesota Department of Revenue Property Tax Assessment and Classification Reform Study Group, and the Heart of the City Steering Committee. In 2007, the Minnesota Justice Foundation recognized Aaron for providing over 200 hours of pro bono legal services during the year.

Organizations
American Bar Association Minnesota Bar Association Hennepin County Bar Association Minnesota Small Business

Publications
Associated Press, Star Tribune, Pioneer Press, Duluth News Tribune, William Mitchell Law Review

Education/Credentials
Aaron was awarded his Juris Doctor degree cum laude from William Mitchell College of Law, where he served on the William Mitchell Law Review. He was recognized on the Deans List for outstanding academics and received the CALI Awards of Excellence in Corporations and Alternative Dispute Resolutions courses. Aaron served as President of the Business Law Society and coordinated the establishment of the Corporate Appellate Law Moot Court. He was awarded his Bachelor of Arts degree in Marketing Management and Innovation summa cum laude from Concordia University in St. Paul, Minnesota.

Awards and Honors
Ten Outstanding Minnesotans, Minnesota Jaycees

 
   

You are here:  Experts > Business > Corporate Law > Small Business/Contracts Law > Non compete & defamation of character

Small Business/Contracts Law - Non compete & defamation of character


Expert: A. Hall, Minnesota Attorney - 8/14/2008

Question
My husband quit his job and now works for a new plumbing company.  We live in Florida (right to work state) and his previous employer is threatening him because he is working for a new plumber and many commercial contracts want my husband only and transferred to his new employer.  Even though he signed a non compete doesn't he have the right to provide for his family?  He has never done any other line of work. The previous employer also is lying by stating that he was fired (not true) What are our rights? We will be receiving a certified letter and they are playing games with his last paycheck.  The previous employer is also a national plumbing company and has money to waste on hurting the little guy.  We have 3 young children and he is the main source of income.

Answer
Your question: Even though he signed a non compete doesn't he have the right to provide for his family?  

Answer: Generally, non-compete agreements are enforceable if they are reasonably limited in scope, duration, and geographic area. Otherwise, they are not enforceable because a person has a right to work in that person's trade or profession.

Other comments: You may have a valid legal claim.  I highly recommend you talk with an attorney in your area.  The attorney should review the language of the non-compete agreement, consider whether employer is estopped from enforcing the non-compete agreement after asserting that your husband was fired (the non-compete may not apply if an employee is fired), or whether you have a libel action against the former employer.

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