Non Compete

#1

Jxn Vol

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#1
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?
 
#4
#4
Heed the advice of the employment lawyer. Best of luck Jxn
 
#5
#5
Unless you go work for a direct competitor doesn't seem like they can deny a person the right to work. What's the waiting period? Maybe you should sell something else for a stint. Radio sales jobs are always turning over and they will pay a guarantee for a few months.
 
#6
#6
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?

The free market will sort it out.
 
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#7
#7
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?

if the company is trying to get you to "pay" for a new employee, I doubt they are willing to spend the money to enforce a non-compete.

find another job, while you still have this one, then move on

good luck, and like SDV said follow the advice of your attorney
 
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#8
#8
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?

Did you have a contract to what your wages would be and did they change your wages without your consent?
What are the terms of your non-compete? A year, 2 years, nothing local, nationwide?
 
#9
#9
Did you have a contract to what your wages would be and did they change your wages without your consent?
What are the terms of your non-compete? A year, 2 years, nothing local, nationwide?

They changed the wages without my consent. They hired an employee to work for me without my knowledge. And then told me I would have to pay a portion of her salary. And at some point I would be responsible for covering all of her salary. The term is for 12 months and it reaches into 6 states.
 
#10
#10
They changed the wages without my consent. They hired an employee to work for me without my knowledge. And then told me I would have to pay a portion of her salary. And at some point I would be responsible for covering all of her salary. The term is for 12 months and it reaches into 6 states.

Wouldn't changing your wages without your consent be a breach of contract, or were you demoted? If you weren't, I would imagine them changing the terms of your agreement would nullify your non-compete.
 
#11
#11
Wouldn't changing your wages without your consent be a breach of contract, or were you demoted? If you weren't, I would imagine them changing the terms of your agreement would nullify your non-compete.

Not demoted. Just getting screwed. The crazy thing is that the owner has only had the company for less than 2 years, but I have been building this business for around 10 years. He strong armed the no compete when he bought the company.
 
#12
#12
What was the time period for the non compete after you would leave the business? My company also has a policy, but a former employ figured out that if he would take another job, his one-year non compete wouldn't have even been a factor because the case wouldn't make it to court within a year. FTR, I'm not a lawyer, this is just what was said to me.
 
#13
#13
I have been reading a lot about non compete agreements and I keep reading about how they are virtually unenforceable.
 
#14
#14
The timeframe is 12 months. But I think I have enough ammo to render it null and void. The issue is convincing a competitor that all is fine and they won't be sued.
 
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#15
#15
Follow the advice of your attorney and best of luck to you man. Doesn't sound like a company anyone would want to work for to be honest. That sucks.
 
#16
#16
The timeframe is 12 months. But I think I have enough ammo to render it null and void. The issue is convincing a competitor that all is fine and they won't be sued.

They wont be sued only you. But IMO NCs have to be reasonable in duration and distance and 6 states doesn't appear to be reasonable.

What are the other conditions?
 
#17
#17
They wont be sued only you. But IMO NCs have to be reasonable in duration and distance and 6 states doesn't appear to be reasonable.

What are the other conditions?

It's a pretty generic document with wording about trade secrets, costumer solicitation, account pricing info, etc.
 
#18
#18
It's a pretty generic document with wording about trade secrets, costumer solicitation, account pricing info, etc.

Does it prevent you from soliciting current clients or working within the industry in general?
 
#19
#19
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?

Did you sign an new employment agreement when you salty was decreased?. If not.. The orginal will be recognized in a court of law..
 
#20
#20
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?

I have a great attonery if needed
 
#21
#21
Does it prevent you from soliciting current clients or working within the industry in general?

It does have that wording in it. I've been told there are ways to dodge some of those issues by my attorney.
 
#22
#22
I agree with the follow the advice of your attorney with this one caveat - might be worth a second opinion with another emp lawyer. If he/she tells you the same thing then you'll feel more assurance; if they tell you something different you might have options.

Good luck :hi:
 
#23
#23
Did you sign an new employment agreement when you salty was decreased?. If not.. The orginal will be recognized in a court of law..

I did the 1st time it was decreased. This latest time I did not sign anything. I was told what was going to happen. I had no choice in the matter.
 
#25
#25
I did the 1st time it was decreased. This latest time I did not sign anything. I was told what was going to happen. I had no choice in the matter.

Our NCs have a severance attached. That was a recommendation from our attorney.
 

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