Non Compete at Work-Any of you guys had to fight?

[Vandal 44]

If the company fires you, the non-compete/non-solicitation will still stand. (Depending on State). In Washington if I got fired from XYZ Company I am still bound by the contract that I signed.

Because XYZ Company I worked for, their home office was in AtlantaI. Washington Law; states that if XYZ Company wanted to come after me it would have to go to mediation or court in my home county in my home state. If I win XYZ Company has to pay my attorney fees and if I lose, I do not have to pay their attorney fees



Spend the money and get a stud attorney.


Sent from my iPhone using Tapatalk

 

[sick_lids]

Some states they are scare tactics and dont hold water...

 

[def90]

Quick Story to keep it simple.

Old company bought out by new company.
Sort of forced into signing to keep job.
They paid $ for my signature.
New company promises to keep things the same, however a lot is changing.
Things are looking different than before.
Seems like a lot of Chiefs and not enough Indians.
Going in a bad direction for business.
I know the first step is a lawyer, but


The question I have?

Did anyone of u guys fight a non compete and win?

What does your state law say? In Colorado non competes are un-enforceable.

"C.R.S. Section 8-2-113 makes clear, any agreement that prevents a person “from engaging in any lawful occupation at any place he sees fit” is prohibited in Colorado."

 

[MTPipeliner]

How long has the new company been in charge?

Not knowing your situation maybe this is a poor suggestion, but is it worth sticking with them for another 6-12 months to see if things settle down and it gets better? Over the past handful of years we had some high level changes and one of the guys we had as a president wasn’t very good, but everyone saw through it pretty quickly and he was gone within two years and now we have a really good guy in that position.

 

[30338]

I had an attorney. I knew what I was working with in the state I was working with. My only advice is talk to an attorney in your state and field preferably.

 

[hodgeman]

Non-competes are common in my industry.

The more specific and more time constrained, the more enforceable they are. However, very general non-competes without timelines are difficult to impossible to enforce.

It sounds like your agreement is to not take your Rolodex out the door and solicit their clients for a competitor for a year. That's probably completely enforceable.

Without knowing all the specifics, you probably ought to gut it out for a year.

 

[DIY]

How long has the new company been in charge?

Not knowing your situation maybe this is a poor suggestion, but is it worth sticking with them for another 6-12 months to see if things settle down and it gets better? Over the past handful of years we had some high level changes and one of the guys we had as a president wasn’t very good, but everyone saw through it pretty quickly and he was gone within two years and now we have a really good guy in that position.

It's almost 4 years

 

[GotDraw?]

Ive heard this tactic, however unsure if I could collect or use this as leverage to start up

And now that you've very wisely discussed your knowledge of this strategy in an open forum, forget using it.

JL

 

[dtrkyman]

Take a year off.

 

[minengr]

Once had a supervisor think I'd never leave because of a non-compete. However, he was so incompetent and forgetful, he didn't remember I never gave the signed copy back to him.

Good luck with your situation.

 

[mtnbiker208]

you signed your name.

all you have in this world is your name. if you signed your name, honor your signature. Basically ethics.

 

[Magnum61]

Once had a supervisor think I'd never leave because of a non-compete. However, he was so incompetent and forgetful, he didn't remember I never gave the signed copy back to him.

Good luck with your situation.

A regular thing that's happening now is many at the management level are incompetent when it comes to technology and data security. They fail to keep up and they don't understand the basics of why you NEVER email a "Word Doc", and all contracts go through a DocuSign or contract portal.

I had a company one-time EMAIL word docs for contracts and over 50 employees deleted or changed the text in the contract and signed it.... the HR manager signed it instantly and sent a copy back. It hit the fan a year later when this was discovered.

This exists.. watch for it. If your company can't be managed from "mobile apps" there is a giant loophole and massive instability in the business somewhere. I had a friend tell me how his company was hiring 60+ people in S Oregon. No experience is needed. Trained on the Job. Started at $70k and clicked up if you pursued a promotion with the leaders. They got 3 apps in a year. All of his managers shrugged their shoulders with no idea... They killed the jobs and put 6 Million in robotics in, in 30 days and those managers were let go. He now gets updates from that facility on his phone.

If you're stuck in a job you hate, at least be the most valuable person in the room with solutions and options. You would be shocked at how flexible your leadership gets and there are thousands of solutions for the situation you're in just by using Google. If they don't... you need to leave because they're about to get wiped out sooner than they think. I've seen this WAY TOO MANY TIMES.

I made a massive career change that took me 5 years, selling everything I had, stopped hunting, and moved 1000 miles away. This is why I support @robby denning because his book was all I had for fun. Some transitions are harder than others and if you've got the discipline to do it and face it, I commend you. The only advice I would leave you with is simple. If you're going to make a large transition, the PAY OFF has to be huge. It can be incredibly difficult and it will require you to change who you are most of the time. Success requires that and this IS NO a game of AVERAGE.

If that's not you, there are always techniques to resolve your current situation to improve it.

 

[Kimber7man]

thats a question I have....Can u get fired and have them still enforce the NC

Typically the company can terminate you “for cause” and the non-compete, non-solicitation and non-hire provisions still apply.