By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Contract Attorney

In Part 1 of this series I introduced you to the factual background of an interesting case involving a breach of contract and tortious interference with economic benefits. With that information, I will give you even more insight into the case.

Here, plaintiff neither pled nor established facts demonstrating that an enforceable contract, written or oral, existed among the parties.   In fact, the Court found that the former employee did not sign a written agreement preventing him from competing or soliciting customers.  Even if there was an enforceable agreement, there was no agreed upon definition of “confidential information and/or data.”   To the extent that the so-called promise purported to prohibit a former employee from divulging “any information” with respect to employer’s business, such a promise would be unenforceable.   Citing from another case, the Court held a postemployment covenant unenforceable; reasoning that restricting a former employee from divulging any information, whether secret or not, learned, or using any knowledge gained, in the course of his employment was tantamount to prohibiting the employee from ever using his or her experience obtained during employment in nay other job in the future.

To discuss your NJ Contract matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are unable to come to our office.