https://padlet.com/megan797862/41nahs9qvb8u Megan Lee & Braden Phillips en-us 2018-09-05 19:08:53 UTC 2018-12-03 21:04:01 UTC hello@padlet.com megan797862 https://padlet.com/megan797862/41nahs9qvb8u/wish/278192427 Christian Martinez was employed by Software Architects Inc. with whom he is signed an employed agreement containing a noncompetition provision. The provision said nothing about assignability. Martinez resigned his employment with Sogeti in 2008 and went to work for Neudesic LLC, Sogeti sued Martinez alleging that Martinez violated the restrictive covenant by working for Neudesic. ]]> 2018-09-05 20:29:37 UTC https://padlet.com/megan797862/41nahs9qvb8u/wish/278192427 megan797862 https://padlet.com/megan797862/41nahs9qvb8u/wish/278192706    In 2007, Sogeti received Sark during the same time Martinez started employment with them. Sark had their own employee agreement with Martinez that Sogeti had nothing to do with. Sogeti claims that Martinez advised Sogeti’s employees to violate the covenant by working for Nuedesic. Sogeti sued Martinez for these accusations. There was a failure to state the claim, therefore the motion was dismissed. Martinez was right within his employment contract.


]]> 2018-09-05 20:30:31 UTC https://padlet.com/megan797862/41nahs9qvb8u/wish/278192706 megan797862 https://padlet.com/megan797862/41nahs9qvb8u/wish/278193453 Whether an employee’s express consent is required before an employment contract is required before an employment contract can be assigned to a successor company employer and are contractual rights assignable. ]]> 2018-09-05 20:32:59 UTC https://padlet.com/megan797862/41nahs9qvb8u/wish/278193453 megan797862 https://padlet.com/megan797862/41nahs9qvb8u/wish/278193920 The court held in the absence of “precedent holding that restrictive covenants may never be assigned without consent… new public policy restrictions on contractual rights” should not be created. 

]]> 2018-09-05 20:34:54 UTC https://padlet.com/megan797862/41nahs9qvb8u/wish/278193920 megan797862 https://padlet.com/megan797862/41nahs9qvb8u/wish/278194223 Absent a contrary ruling by an Arizona Court, express consent of an employee is not required before an employer’s Contractual rights can be assigned to and enforced by a successor company.

]]> 2018-09-05 20:35:58 UTC https://padlet.com/megan797862/41nahs9qvb8u/wish/278194223 megan797862 https://padlet.com/megan797862/41nahs9qvb8u/wish/278194385 Defendant’s motion to dismiss denied in favor of Sogeti. ]]> 2018-09-05 20:36:37 UTC https://padlet.com/megan797862/41nahs9qvb8u/wish/278194385