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Normandotis.
When you worked for that previous employer did you sign a no compete contrct?If not than there should be no problems with the job offer.I dont know all the specifics as you mentioned but unless you personally sighned than you can work for anyone you want even if it was next door to your old employer
I would contact a local attorney, Most non-compete contracts are scare tactics. However, a Attorney might be able to help you find a way out. Has the company fullfilled all of its contractual obligations ie: salary, bonuses,401k, benefits, promotions, etc? If not your contract with them is void. A contract is only as good as the person writing the document, and if any part of the contract is not fullfilled the entire contract is in breach. Rich YoungLast edited by Rich young on November 4th, 2007, 4:00 am, edited 2 times in total.
Monetary noncompetes get held up all the time across the country. I have seen such laws upheld against numerous physicians in both TN and AR and against businessmen in Arkansas. Get some professional advice.C.O.D. Jr. III
That is what I am going to do. I got on line yesterday and did some research. Read up on this no compete crap. Also found a couple lawyers in my area and sent them emails outlining what happened. I use to work at a bank through another company. This company had the sales account at the bank to sell them all their equipment. I reported to the bank every day and was my job to do some work in Asset Management and also all their shipping and receiving of this equipment. The company that paid me lost this account but I stayed on down there. A new company came into play and got this contract down there. After about 2 years of working at this bank I got laid off at the bank and the company that paid me did not have any work for me so they laid me off also. After being unemployed for 3 months this new company called and said the bank had asked them to put me on their payrole. Was told this was only temporary until the bank could find a way to hire me. When I signed all the paper work I did sign a No Compete but asked about it. Was told not to worry and that they would waive this No Compete thing because of the situation. Heck, I was unemployed at the time and did not have much of a choice. I went back to work not making much money with no benefits at all. Went on like that for over a year with the people I worked with at the bank trying to get me hired and somebody upstairs always kicking it back down. I went to the company that was paying me and tried to get benefits from them. Would not give them to me unless I took a pay cut. The bank did a cost analysis of what this company was making off me and threatened them. They ended up giving me the benefits. I went on like this for another 2 years. I got tired of this contract stuff, never got a raise in 3 years and always had problems with this company that put me on their payrole at the banks request. I found another job and put in my notice. When that happened the bank tried to make me an offer but was to late. Had already excepted this other job. The whole time I worked down there this company that paid me never knew what it was I did at the bank. Nothing and I mean nothing I did has anything to do with their company. They did not train me and in no way does it have any impact on them. The bank called them and asked if they had somebody to replace me for a while. Then and only then did they take the time to try and figure out what it was I did down there. ( The person they sent only lasted about 10 days and the bank sent him packing ) Well as most of you know this other job did not work out very well. When I got back home the job I did at the bank was posted. I applied for it. Got an interview and was lead to believe the job was mine. Was told I would get a call in a week or so. After a month and hearing nothing I found another job. Last week I got a call from the bank offering me this job. They made me an offer, I countered and they excepted. They emailed me this offer, had signed it and was just fixing to fax it back when I got a phone call from the bank. They told me this company had called and thrown this no compete thing in their face. Told me they had no choice but to revoke this offer. When that happened I lost it. Had nothing but trouble out of this company the whole time I worked at the bank. They tried to fire me a couple times because of this trouble and the bank would always stick up for me or threaten them and they would not fire me. This whole thing is very vindictive and I am caught in the middle of it. This company is in the process of loosing the account at the bank all together. Think this owner is doing this because of the trouble and run ins we had and also because he is loosing this account. Anyway, I called him and went off. Said some things maybe I should not have but when you mess with somebodys life like they have mine for over 3 years it just all kind of festerd and I exploded. Should not have done this and wish I would have handled that part a little different but it is what it is. I ended up apolgizing but doubt it did any good. In a nut shell and without getting into more specifics that is the story. At my age this may be the last chance I had at a decent job. Because of this contract crap and the money I made. I have nothing but what I have. No retirement or nothing. Been living week to week and pay day to pay day for a very long time. This was my chance to get ahead and for the first time to make some decent money. That was taken away from me and feel like somebody owes me some answers at the very least !!!!!! Thanks for listening, reading and the advice. Hopefully one of the lawyers I emailed yesterday will take this on for me. Have no money and am hoping somebody will listen to my story and see the injustice and how wrong I have been done the last few years. Thanks Joey
Joey, Im no lawyer and I cant give you any advice on what to do in your situation. I do however, remember reading all the previous posts you made giving details about your every move , and I thought it was kind of nice for a person to be so honest and forthcoming with his feelings and personal situation. You received a lot of good advice back then, but in the end, it was you that had to make the final decision on what was right for you and your family. Sometimes those decisions appear to be the best move , but that isnt always the case. Reading your last comments, from my perspective , youre in a “no win” situation. You can hire a lawyer and spend a lot of time, money and emotion on this thing or you can face the facts and realize this company and maybe that line of work, isnt whats best for you. When I was 18 , I was married , out of the house and had a management position with a restaurant chain. At the time, I never thought there would be any other job I would care to have. After 24 years in that industry, working from a bussboy position up to owning my own restaurant (twice), I decided I had enough. It was complete burnout and I was ready for a change. That was 10 years ago at the age of 40. The next 4 years I spent going to night school while I worked my full time job, learning the IT/networking business from simple computer repair to setting up networks. As it turned out, I caught a break as a buddy I bowled with, happened to work in the telecommunications field and he turned my resume in to his HR manager. To make a long story short, I now work on a computer, managing a global voice and data network and actually look forward to coming to work. Now Im not posting all this to impress anyone, but after reading the many previous comments you and others have made, I just think I needed to say that its never too late to make a change in your life. Its all about what youre willing to sacrifice and the effort youre willing to put forth to make things happen. This situation youre in now will only prolong your moving ahead with your life and your career. Just my opinion Joey and thanks for taking the time to read my comments. Best of luck to you in the future. BrianLast edited by angler557 on November 4th, 2007, 10:51 pm, edited 1 time in total.
Amen Angler! Joey God Bless. Everyone gets bad breaks in their lives — its inevitable. Some more than others but we all get them. To me, when things get bad, a huge factor on how you come out of it is what you turn too. Getting down on yourself and getting depressed about the future has a good chance of becoming a self fulfilling prophesy. Not trying to preach, but I know the power of prayer. Sometimes things can get really bad, but if we sincerely turn to our creator Hell always turn things for good-maybe not as fast as wed like but on His timeline! Youre in my prayers Joey.
Joey: A couple things to look at jumped out at me: 1) The offer from the bank…was it in the form of a contract? If so, even if they rescind because of the no-compete then they could be in breach unless there is a clause letting them out. 2) Non-competes usually have an expiry of 2-3 years. Has it been that long since you left the company that is claiming no-compete? 3) Non-competes usually have to have a basis and definition of competing. Contract-to-hire usually doesnt serve as a basis but rather usually a concern of having trade secrets or customer contacts and going to work for a direct competitor. I dont really see the competition in this case if youre going to work for the bank direct and not a directly competing consulting company. Im no mosquito..er lawyer, but we see non-competes pop up every now and again with consultants that jump firms but want to stay on location with us. Just my observations. Deke[font="]Deke[/font]
Joey, You need to wrestle this thing to the ground wth an attorney. As most non-competes go ususally they are looked upon unfavorably, meaning you cant or shouldnt deny a person the right to make a living. I believe if you can show that you had no intent to quit your employer while working at the bank and make an end run and go back through the banks door, you might be alright. In other words you relocated to New York if I remember right and it did not work out. That is a hell of a lot of trouble to go through just to come back and go to work for the bank. Get an attorney quickly before the bank cools. Tom
That is correct, I lived through one and fought it. I was told by the attorney that reviewed mine that different States hold differing views. I live in Illinois and they dont hold noncompetes in particularly high regard. Many companies use them as a scare tactic and will not spend the money necessary to defend them. You will be best served to have your attorney review the wording of yours. Many are not worth the paper they are printed on, so I am told. Phil
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