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Non Compete experience #7887313 07/01/20 07:39 PM
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jskin Online Content OP
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Anybody got any experience getting out of a non compete? Do they hold up? Don’t want to air all my business but I’m a potential battle with a former employer.


"While we are postponing, life speeds by"

Re: Non Compete experience [Re: jskin] #7887317 07/01/20 07:42 PM
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I had a non compete with a captive company selling insurance. That company was purchased by a larger company. Many people left during that acquisition. They sent some letters. My attorney sent a nasty gram. It never went anywhere.


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Re: Non Compete experience [Re: jskin] #7887322 07/01/20 07:47 PM
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I had tow friends who worked for Chem Serch. Who had one.. They went into business for themselves and somehow got out of the old contract.


Quail hunting is like walking into, and out of a beautiful painting all day long. Gene Hill


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Re: Non Compete experience [Re: jskin] #7887335 07/01/20 07:55 PM
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I was terminated for no reason, no reprimands, write ups or warnings. Top producer for 3 straight years. I went to work for a competitor now they are sending me letters.


"While we are postponing, life speeds by"

Re: Non Compete experience [Re: jskin] #7887345 07/01/20 08:00 PM
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Just don't utilize any of the previous company resources or proprietary information. You have a right to work and a right to your experience.

Re: Non Compete experience [Re: jskin] #7887353 07/01/20 08:13 PM
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Originally Posted by jskin
I was terminated for no reason, no reprimands, write ups or warnings. Top producer for 3 straight years. I went to work for a competitor now they are sending me letters.

You taking old companies customers over to new company? If so it just becomes a matter of economics for them. Is it cheaper to leave you alone? Or drag you into court?

My dad got hit with a non-compete and the old company came after him aggressively. One or two major customers had significant impact for them. Ended up he essentially could not work in his field of choice for 5 years.


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Re: Non Compete experience [Re: jskin] #7887354 07/01/20 08:14 PM
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Yes, they are real
Yes, Your Company will get cease and desist letters from your former employee attorneys
Yes, they will end up in court with subpoenas for your phone, laptop, your home files.

Go call one other customers till your non compete runs out.

Now what we did was send another salesperson in the account, if they got some business, the accounts were turned back over to you if needed.


SPACE FOR RENT


Re: Non Compete experience [Re: jskin] #7887357 07/01/20 08:17 PM
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Originally Posted by jskin
I was terminated for no reason, no reprimands, write ups or warnings. Top producer for 3 straight years. I went to work for a competitor now they are sending me letters.


I know of a certain food products distributor that had something similar happen. Seems like I heard their non-compete wasn't well written and it was only valid for about half the time they claimed - plus all they had the teeth to stop was those ex-employees from targeting prior customers that were within their territories with the former company. Just what I "heard"

Re: Non Compete experience [Re: jskin] #7887358 07/01/20 08:18 PM
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Originally Posted by jskin
Anybody got any experience getting out of a non compete? Do they hold up? Don’t want to air all my business but I’m a potential battle with a former employer.


They are real, and they can be beat, but usually they are boughten out by current employer

A lot of it is the language of the Non Compete.

Now if you fall into a protected class you have a little more standing

Call a lawyer that specializes in employment law


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Re: Non Compete experience [Re: jskin] #7887359 07/01/20 08:20 PM
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Pretty sure Texas has some Case history in which time Limits and mileage were too excessive. If you have an undefined non-compete regarding either, you can likely get it thrown out in court. Likewise, anything greater than 24 mo or 5-10 miles and you can get it thrown out in court.

Re: Non Compete experience [Re: BOBO the Clown] #7887365 07/01/20 08:29 PM
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Originally Posted by BOBO the Clown


Call a lawyer that specializes in employment law


up


Legal advice on a hunting forum is generally worth what you paid.


To be determined
Re: Non Compete experience [Re: jskin] #7887367 07/01/20 08:30 PM
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It’s a general blanket noncompete with no defined geographic area, mileage, territory, etc...


"While we are postponing, life speeds by"

Re: Non Compete experience [Re: jskin] #7887375 07/01/20 08:39 PM
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Originally Posted by jskin
It’s a general blanket noncompete with no defined geographic area, mileage, territory, etc...


Sounds like its worth a lawyer looking at. Usually blanket language doesn't hold up well vs. very specific and clear cut language.

Re: Non Compete experience [Re: jskin] #7887377 07/01/20 08:39 PM
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They are real, I hired an attorney to tell my previous employer to beat it. That is the very short version.

If you do get to the point where a judge gets involved, you can expect a Temporary Restraining Order (TRO) to stop you from working while the case goes through the system.

If you would like, PM me and I can share more with you in more detail and I can share contact info for the attorney I used. She specializes in employment disputes including non competes.

Re: Non Compete experience [Re: jskin] #7887382 07/01/20 08:42 PM
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Originally Posted by jskin
It’s a general blanket noncompete with no defined geographic area, mileage, territory, etc...


And that will likely get dumped legally pretty easily.
Get the lawyer, or have your new company fight it. Shouldn’t be a problem

Re: Non Compete experience [Re: jskin] #7887388 07/01/20 08:45 PM
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Right to work state. Won’t make it far.

Re: Non Compete experience [Re: jskin] #7887574 07/01/20 11:14 PM
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Did you read and sign the non-compete? The signing part is what really matters unless you had to sign it under duress.


Not my monkeys, not my circus...
Re: Non Compete experience [Re: 603Country] #7887579 07/01/20 11:20 PM
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Originally Posted by 603Country
Did you read and sign the non-compete? The signing part is what really matters unless you had to sign it under duress.


Yes I read it and signed it at the time. I had to I had no choice or walk. I would still be there if they did not let me go therefore not in a situation where I became a competitor. I had to work in the industry that I have experience with.


"While we are postponing, life speeds by"

Re: Non Compete experience [Re: jhenderson] #7887656 07/02/20 12:41 AM
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Originally Posted by jhenderson
Right to work state. Won’t make it far.

Especially with being let go


"There has never been an occasion where a people gave up their weapons in the interest of peace that didn't end in their massacre." Louis L'Amour
Re: Non Compete experience [Re: jskin] #7887775 07/02/20 02:35 AM
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The sooner you get a good lawyer, the quicker it will get resolved.

Re: Non Compete experience [Re: jskin] #7887787 07/02/20 02:47 AM
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If they fired you, then I don’t see how they have a leg to stand on. How were you forced to sign something? Severance check?

Re: Non Compete experience [Re: Cochise] #7887789 07/02/20 02:48 AM
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Originally Posted by Cochise
Originally Posted by jskin
I was terminated for no reason, no reprimands, write ups or warnings. Top producer for 3 straight years. I went to work for a competitor now they are sending me letters.


I know of a certain food products distributor that had something similar happen. Seems like I heard their non-compete wasn't well written and it was only valid for about half the time they claimed - plus all they had the teeth to stop was those ex-employees from targeting prior customers that were within their territories with the former company. Just what I "heard"

Yes. Guy I worked with Left US Foods, went to Ben E. Keith. He immediately got all the Jakes Hamburger joints to follow him to BEK. US Foods Got the dudes cell phone, laptop and went to his house looking for where he copied Jakes Order Guides. Went pretty far before the settlement with the lawyers.

When I quit US Foods and went to Performance Food Group (big Contract). I was back in my Brazilian Steak houses the next week and the new US Food salesman saw me, PFG got a letter the next day from USF Attorneys, I was told by my HR Lady I could not set foot in their parking lot for a year. She said it wasn't worth a law suit.


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Re: Non Compete experience [Re: jskin] #7887803 07/02/20 03:05 AM
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I was told by our lawyer that non competes in Texas don't work because Texas is a right to work state.


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Re: Non Compete experience [Re: KWood_TSU] #7887825 07/02/20 03:38 AM
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Originally Posted by KWood_TSU
I was told by our lawyer that non competes in Texas don't work because Texas is a right to work state.


Not necessarily true and depends on the field...they are common in dentistry for example. If specific language is used, specific penalties assigned, and the terms are reasonable for the field they are enforceable. Buddy of mine has one and his company has and will sue for violation.

Right to work doesn't mean you can violate employment contracts. Plus, most people can work in another field that's not a direct competitor.


Re: Non Compete experience [Re: jskin] #7887829 07/02/20 03:40 AM
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Originally Posted by jskin
It’s a general blanket noncompete with no defined geographic area, mileage, territory, etc...


Then you "should" be in pretty good shape....but I'd still consult an attorney, especially if they have one.

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