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Need help on a legal question
Swwbo
Member Posts: 1,255 ✭✭✭✭✭
Have you ever had to sign a Non-Compete Agreement for your employer.. I was given one today.. I'm so undecided what to do.... I understand these are pretty standard and agree with most of it... This is the part that gets me...
Para. B
Enter into the employ or personally engage in, or otherwise directly or indirectly render service to any person, firm, association, or corporation who at any time within one year prior to the termination of this agreement was a customer of (said company) or an affliated company of the customer.
What do you think?
Para. B
Enter into the employ or personally engage in, or otherwise directly or indirectly render service to any person, firm, association, or corporation who at any time within one year prior to the termination of this agreement was a customer of (said company) or an affliated company of the customer.
What do you think?
Comments
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
What my lawyer told me was that the courts do not like non compete agreements with no monetary value attached to them. Essentially it has to have a value assigned to it, in order for it to be valid. So in the sale we assigned it a $5,000 "value".
How this applies to the employer/employee agreement I do not know. Frankly, they can't be enforced unless the employer can show damages?
Them ducks is wary.
In a nut shell
If employee violates the terms of the agreement he/she will pay all of the companies lawyer fees and sum of $100,000.00 for damages..
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
Guess I'll do alot of soul searching and thinking this weekend.. The form must be signed on Monday..Think I'll have a glass of wine and think for now..
"Right is Right, even is everyone is against it, and wrong is wrong, even if everyone is for it"
my two cents
Semper Fi
Remember Ruby Ridge.
Experience is the best teacher and usually charges accordingly.
NOW DON'T GET MY HOPES UP LIKE THAT AGAIN! I THOUGHT YOU WERE GOING TO SAY BYE BYE TO PUNCHIE, TAKE ALL HIS MONEY AND RUN AWAY WITH ME! [:)]
It doesnt mean that you cant go to work for another company that does business with the company your with now.. Only if you were to try to steal business away from them..
"It is hard to soar with Eagles when your surrounded by Turkeys"
"I dont care how thin you make a pancake, it still has two sides"
"A wise man is a man that realizes just how little he knows.
DOES THIS MATTER IF YOU LIVE IN A RIGHT TO WORK STATE?
"A strong body makes the mind strong. As to the species of exercises, I
advise the gun. While this gives moderate exercise to the body, it gives
boldness, enterprise, and independence to the mind. Games played with the
ball and others of that nature, are too violent for the body and stamp no
character on the mind. Let your gun therefore be the constant companion of
your walks." Thomas Jefferson
Ridiculous!
IF they think you are such a "threat" if you left the company, then you shouldn't even be working for them!
I'd tell them to kiss my hiney, and not sign it.
Probably why I'm self-employed, with my own businesses. [^]
Merc
Insignia?
Nos nullus habitum rancidum insignia!
"Tolerating things you may not necessarily like is part of being free" - Larry Flynt
Since this is obviously a major decission for you, I would recomend talking to a lawer.
To each his own
That they give you the $100,000 up front to hold on to.[:D]
BW
IT'S WHAT PEOPLE KNOW ABOUT THEMSELVES THAT MAKES THEM AFRAID.
I've worked (and still do work) for a few companys that did primarly R&D and hi-tech work, and non-compete non-discloser contracts are the norm there.
I've also worked for a guy that stole the entire customer data base from his previous employer (his own fathers company no less) and activly targeted his dad's customers. Guess why some companies like them.
Some guys like a mag full of lead, I still prefer one round to the head.
i worked for a fellow for a while that felt it was his right to pay me whenever he got around to it and since i was getting paid on commission his argument was that he hadent gotten paid yet so i wasnt entitled to it. after i found a better job in the same field(yeah i left money behind)he suddenly came around but i was no longer nterested in being broke and begging to get paid.
I'm incorporated, MAGNUM Drywall Services, Inc., and my checks are made out as such.
I will not take any jobs away from this one company I do work for, but my company might! [:D] [:D] [:D] [8D]
Remember...Terrorist are attacking Civilians; Not the Government. Protect Yourself!
http://www.awbansunset.com/
Keep your Powder dry and your Musket well oiled.
NRA Lifetime Benefactor Member.