Anyone ever had to fight a non compete clause

THEWELSHM

THEWELSHM

Well-Known Member
Supporting Member
Joined
Aug 29, 2008
Messages
2,459
Reaction score
87
Location
Brandon Florida
Well I got terminated after 8 yrs because I would not perform illegal transactions in a publicly traded company ( sarbaines oxley) I got an oppertunity to work for another company however the original company want Me to stay home for 18 months with no pay, because of a non compete clause. They cited market conditions for terminating My job, however I have prospective employers lining up to hire Me:dontknow: :dontknow: :dontknow: I went back to work one week after My son was murdered too for these corporate pin heads:mad: :mad: :mad: :mad: :mad:

thewelshm
 
The only way they can kinda stick is if the present/ past employer has picked one firm that you can not work for.. EG... THEWELSHM works at McDonalds and signed a Non Compete for Harveys.. They can not blanket the market and say you can not work for anyone in the industry for the next 18 Months that will never stand up in court you can not force someone to not support them self.. If they say you cant work for Harveys and you go to work for harveys then they may have a case but again would still be hard to actually do anything in court and typically the legal fees that it would cost them to keep you out of work is not worth it.. So on that Note go nuts there is not much they can do...

BTW: I use these forums for my employees all the time, But I pick a certain vendor that they are not aloud to work for that keeps me fairly safe in the means that they can not go work the this vendor, I have had a couple try to switch over and this vendor does not want the hassle of going to court to fight it so they just refuse to hire the employee to save the legal hassle and cost...

So I guess depending on your future employer you may or may not be able to work.. The other thing is that your present company will not know where you decide to go for work unless you tell them so they will not know who to send the letter to stating the non compete..

Anyhow good luck..
 
Last edited:
SRT10VENOMOUS said:
The only way they can kinda stick is if the present/ past employer has picked one firm that you can not work for.. EG... THEWELSHM works at McDonalds and signed a Non Compete for Harveys.. They can not blanket the market and say you can not work for anyone in the industry for the next 18 Months that will never stand up in court you can not force someone to not support them self.. If they say you cant work for Harveys and you go to work for harveys then they may have a case but again would still be hard to actually do anything in court and typically the legal fees that it would cost them to keep you out of work is not worth it.. So on that Note go nuts there is not much they can do...

BTW: I use these forums for my employees all the time, But I pick a certain vendor that they are not aloud to work for that keeps me fairly safe in the means that they can not go work the this vendor, I have had a couple try to switch over and this vendor does not want the hassle of going to court to fight it so they just refuse to hire the employee to save the legal hassle and cost...

So I guess depending on your future employer you may or may not be able to work.. The other thing is that your present company will not know where you decide to go for work unless you tell them so they will not know who to send the letter to stating the non compete..

Anyhow good luck..
Click to expand...

Thanks for the info, and I agree. In a right to work state like FL I dont think you can blanket the state and mandate I cant work. I am going to get legal advice on the front end though;) Just to make sure. They have a manufacturing non compete and we dont manufacture anything:dontknow:

thewelshm
 
I would consult a lawyer, it would seem that if you quit, your old employer would have firm ground to stand on even in a right to work state, since they terminated your employment, they may have forfeited they're right to the non-compete


Seek legal counsel.....
 
Let me know if there's anything in the arena of opportunities for someone such as myself. My specialty is relationship building and the establishment of trust in business.

I am at your service....

D
 
did you sign an agreement?

what are the terms?

is it based on performance, industry, financials?

answer those...

and seek legal counsel;)

that's my advice...
 
It really depends on the wording of the agreement and the state that is governing the agreement.

Most agreements have a non compete for a similar industry. My non compete when I was laid off stated that I could not work for another armored carrier in the same region. For example, if I wanted to work for Brinks I would have had to move. If I had gone to work for them in Texas, the company could have sued me for my severance package and filed for a work stop order.

The best thing to do is consult an employment law attorney and get the details from them since they are the ones you would seek to represent you if there was a challenge by your old company to the agreement.

Ok, the evil HR lady is going to be quiet now. :ciao:
 
Last edited:
I have had to do it three times ,,#1 get a lawyer,#2 in my case they never stipulated a company i could not work for ,,,#3 unless they are paying you a severance package tied to a non compete claus it will be hard for them to stop you ,,#4 unless the other company is making the exact same product it will be hard for them to stop you #5 tell them to piss off mate ,flip them the finger and say HOW YOU LIKE THEM APPLES BOY as loud as you can scream .
 
Ironhead said:
I have had to do it three times ,,#1 get a lawyer,#2 in my case they never stipulated a company i could not work for ,,,#3 unless they are paying you a severance package tied to a non compete claus it will be hard for them to stop you ,,#4 unless the other company is making the exact same product it will be hard for them to stop you #5 tell them to piss off mate ,flip them the finger and say HOW YOU LIKE THEM APPLES BOY as loud as you can scream .
Click to expand...
or you can try this approach....

but not all of us are 6'2 285;)
 
viperhauler said:
or you can try this approach....

but not all of us are 6'2 285;)
Click to expand...


biatch thats 6-2 245 thank you vary much:vroam:
 
I would talk to a lawyer, but I can pretty much tell you that you are ok. We used to have employees sign them knowing full well that we could not enforce them.
 
Went through something similar with a previous company. I signed the paperwork (was young, wont do that again) and ended up quitting. Soon after I quit, many other people did also.
The company went after several of us. I did not have to go to court, but afew did.
Basically it came down to FL is a right to work state (as you mentioned) and since we did not take any of the previous companies client lists or vendor lists, and we not activly going after that companies clients there was nothing that they could do.
Eventually that company folded and then we went after there clients heavily. :D
 
Were you "compensated" for signing the "non compete"? Usually there must be some sort of compensation/reward for doing such. Often times a "severance" does not count, especially if the company has a standard severance program. Severance packages usually prohibit the "former" emplyee from sharing "private" business knowledge with a competitive company but does not prevent you from working for one (BTW it is hard to press reset on the human brain). Most "non competes" are designed to keep employees from leaving an going to a competitor on their own. If you were terminated it would be very hard for your former employer to make this type of agreement stick. If you have been wronged by your former employer get a good "HARD ON" for them and go to work for the competition!
 
I had to sign a non compete too. Allow another company to hire you as a "consultant". They can't hold you back from being hired by another company in the industry. It's just too broad to say you can't compete anywhere in the industry or work for another company.
 
Great advice above as usual, Heres the deal We got aquired by a large company in 2006. The old owners were kept on to run things for three years and got their payout and left. But before they left they placed a manager to run things at the mother ship. This person is a bankrupt incompetent ( the alleged theory is that the old owners want this guy to run the ship aground so they can buy back the company for pennies on the dollar:dontknow: ) Now here comes the shit sandwhich from Paul, I raised revenues form $2m to $13m over a 5 year period and gross profitibility to 28%. Unfortunately thats not what the firm want????:dontknow: The company wanted Me to convert expenses into mileage for reinbursement. ( thats illegal Enroy style play) and all sorts of other fraudulant acts. I was offered a severence package, which I did not sign, My attourney has told them basically to " go forward and multiply":D Now we are having a show and tell:rock: I dont think a few of the ex partners want to end up over the hood of a car so My guess is I will be either released from the non compete or paid to stay home for 18 months:D Personally I would rather work, but I would have given anything to see the dumb asses faces when they got the letter Friday afternoon:D I kind of suspected for a while that some unsavoury things were going on so I documented it in case:argh:


thewelshm
 
wesalbert said:
Went through something similar with a previous company. I signed the paperwork (was young, wont do that again) and ended up quitting. Soon after I quit, many other people did also.
The company went after several of us. I did not have to go to court, but afew did.
Basically it came down to FL is a right to work state (as you mentioned) and since we did not take any of the previous companies client lists or vendor lists, and we not activly going after that companies clients there was nothing that they could do.
Eventually that company folded and then we went after there clients heavily. :D
Click to expand...


This is exactly correct. I was sued for a non-compete an won. They are virtually unenforceable if you follow the guidelines stated above. Don't take anything that belongs to your ex employer and you can do whatever you like. My defense cost me $10,000.00 so that sucked but it was well worth it. This was in AZ, which is also a right to work state.
 
You must log in or register to reply here.

Latest posts

Support Us

Become A Supporting Member Today!

Click Here For Details

Random Media

20140811 141625
2281.jpg
7
parkinglot
Back
Top