Validity of employment agreements prior to acquisition

[na2008]

Hi,
I worked for a small company that sold a software product. The company's employment contract stated I could not go work for a competitor for a year after leaving. Our small company was acquired by a larger company in Massachusetts. Their employee agreement which I signed does not contain such a condition for regular employees (only for executive level positions). Also they did not mention anything in the new contract about the old agreement being applicable. I live and work in Illinois and my current employer's headquarters is in Massachusetts.

From what I think I understand, according to legal precedent in Massachusetts and maybe California, employment contracts prior to an acquisition are not assignable to the new acquiring company without the employee's consent. Can I go work in Illinois for a competitor whose headquarters is in California? Since I live in Illinois, which state's jurisdiction would this fall under?

Thanks

 

[cbg]

Only an attorney who has read the agreement in full can answer your question. This is not a situation where the law unilaterally declares all such agreements void, or not void. This is a situation where the exact wording of the exact agreement can make a difference.