Non Compete

#26
#26
hog88 said:
Our NCs have a severance attached. That was a recommendation from our attorney.
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I honestly don't think this guy has the funds to fight it. The deal is this, he fights it he loses the business. Or he doesn't fight it and he loses his business.
 
#29
#29
Jxn Vol said:
I hope so. My attorney said we do.
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I'm not an attorney, but my understanding of contract law is that once a stipulation is changed without your consent or under duress then it voids any agreement/contract that you have. I would imagine you are good to go as long as you don't back down from the employer. Make sure you've documented everything leading up to now regarding decreased pay and anything showing what your position was supposed to earn. It sounds like your employer is in breach of contract.
 
#30
#30
davethevol said:
I'm not an attorney, but my understanding of contract law is that once a stipulation is changed without your consent or under duress then it voids any agreement/contract that you have. I would imagine you are good to go as long as you don't back down from the employer. Make sure you've documented everything leading up to now regarding decreased pay and anything showing what your position was supposed to earn. It sounds like your employer is in breach of contract.
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I agree with you. I really don't think they can screw you so bad monetarily that you quit. Then try to force a non compete. I don't plan on backing down.
 
#31
#31
what do you want to get out if this

1) stay with the company, but obviously not pay for a new employee
2) sue for damages
3) just be able to get a new job
 
#32
#32
vol_in_ar said:
what do you want to get out if this

1) stay with the company, but obviously not pay for a new employee
2) sue for damages
3) just be able to get a new job
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Option 3. Go to another company and take every bit of business with me. But use option 2 to get to 3.
 
#33
#33
Jxn Vol said:
I am working on getting out of a no compete at work. Any advice would be much appreciated. I have consulted with an employment attorney and researched a lot online.

I have to get out of a bad situation. My compensation has been decreased several times in 2 years. And am now being asked to pay for a new employee out of my earnings. I didn't even get a say on the hiring of this person. I also have some documentation of some unethical business practice that the boss has attempted.

What are my chances guys?
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I am not a lawyer but am in a field were NC's exist.

Unless they pay you something (like buy a book of business from you on the way out) these things very rarely stand.

Your new employer would probably want to honor it just for PR reasons but what I have experience and been told is that anything over a 1 mile 1 year non compete just wont hold water--as you have a right to earn a living.

This does not mean they will not sue you though just to cause you problems. I have seen this happen.

Now if you are a lawyer I have had that the Bar does honor these very much so--but in the insurance industry they aren't worth the paper on them. I have no idea your industry.

Lastly, if you begin pulling clients from the employer after you have left---that is a different story. Very enforceable and they will sue for damages. I have seen this.

But if you just leave, set up shop somewhere and move on, you should be fine. I would definitely not work in the same county if possible so I could show a judge I am simply trying to earn a living.

Again, I am not a lawyer but this is my experience.

Hope this helps.
 
#35
#35
This company can't pay your new helper, can barely pay you...I dare say they can't afford a decent lawyer either.
 
#36
#36
I have a friend in b2b sales. He left a company for a competitor, they said he could not sign any of their current clients that he brought in. His attorney eventually got them to settle where if his former clients contacted him first he could sell to them.
 
#37
#37
I can tell you this with certainty. Unless there is some major flaw in the language of the cnc, which i doubt, then a judge will enforce and the employer WILL sue. At least in Tennessee
 
#38
#38
Professor Nono said:
I can tell you this with certainty. Unless there is some major flaw in the language of the cnc, which i doubt, then a judge will enforce and the employer WILL sue. At least in Tennessee
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Depend on the wording of the scope of geography and call points
 
#39
#39
Professor Nono said:
I can tell you this with certainty. Unless there is some major flaw in the language of the cnc, which i doubt, then a judge will enforce and the employer WILL sue. At least in Tennessee
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That may be true but the current owner will have a decision to make. Fight it and lose business. Or not fight it and lose business. Both suck but the later option is cheaper.
 
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