Forums46
Topics538,056
Posts9,732,508
Members87,055
|
Most Online25,604 Feb 12th, 2024
|
|
|
Non Compete experience
#7887313
07/01/20 07:39 PM
|
Joined: Nov 2009
Posts: 6,765
jskin
OP
THF Trophy Hunter
|
OP
THF Trophy Hunter
Joined: Nov 2009
Posts: 6,765 |
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
|
Joined: Dec 2008
Posts: 19,296
pokerj2
THF Celebrity
|
THF Celebrity
Joined: Dec 2008
Posts: 19,296 |
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.
President of American Entitlements LLC Health insurance agency focusing in all ages from ACA plans all the way through Medicare. Office is based in Wylie, TX We have local agents in both Texas and Louisiana 469-814-0289
|
|
|
Re: Non Compete experience
[Re: jskin]
#7887322
07/01/20 07:47 PM
|
Joined: Nov 2009
Posts: 91,416
bill oxner
THF Celebrity
|
THF Celebrity
Joined: Nov 2009
Posts: 91,416 |
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
|
|
|
Re: Non Compete experience
[Re: jskin]
#7887335
07/01/20 07:55 PM
|
Joined: Nov 2009
Posts: 6,765
jskin
OP
THF Trophy Hunter
|
OP
THF Trophy Hunter
Joined: Nov 2009
Posts: 6,765 |
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
|
Joined: Jan 2014
Posts: 12,765
Paluxy
THF Celebrity
|
THF Celebrity
Joined: Jan 2014
Posts: 12,765 |
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
|
Joined: May 2009
Posts: 24,362
dkershen
Rev Dave
|
Rev Dave
Joined: May 2009
Posts: 24,362 |
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.
To be sure of hitting the target, shoot first and call whatever you hit the target.www.NewHopeEquine.com - Health and Healing through Horses.
|
|
|
Re: Non Compete experience
[Re: jskin]
#7887354
07/01/20 08:14 PM
|
Joined: Jun 2011
Posts: 33,984
Buzzsaw
THF Celebrity
|
THF Celebrity
Joined: Jun 2011
Posts: 33,984 |
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
|
Joined: Sep 2008
Posts: 6,695
Cochise
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Sep 2008
Posts: 6,695 |
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
|
Joined: Apr 2007
Posts: 60,483
BOBO the Clown
kind of a big deal
|
kind of a big deal
Joined: Apr 2007
Posts: 60,483 |
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
|
|
|
Re: Non Compete experience
[Re: jskin]
#7887359
07/01/20 08:20 PM
|
Joined: Nov 2011
Posts: 11,027
Texas buckeye
THF Celebrity
|
THF Celebrity
Joined: Nov 2011
Posts: 11,027 |
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
|
Joined: Apr 2005
Posts: 19,821
TurkeyHunter
THF Celebrity
|
THF Celebrity
Joined: Apr 2005
Posts: 19,821 |
Call a lawyer that specializes in employment law
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
|
Joined: Nov 2009
Posts: 6,765
jskin
OP
THF Trophy Hunter
|
OP
THF Trophy Hunter
Joined: Nov 2009
Posts: 6,765 |
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
|
Joined: Sep 2008
Posts: 6,695
Cochise
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Sep 2008
Posts: 6,695 |
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
|
Joined: Nov 2018
Posts: 786
Ktexas14
Tracker
|
Tracker
Joined: Nov 2018
Posts: 786 |
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
|
Joined: Nov 2011
Posts: 11,027
Texas buckeye
THF Celebrity
|
THF Celebrity
Joined: Nov 2011
Posts: 11,027 |
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
|
Joined: Feb 2010
Posts: 7,252
jhenderson
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Feb 2010
Posts: 7,252 |
Right to work state. Won’t make it far.
|
|
|
Re: Non Compete experience
[Re: jskin]
#7887574
07/01/20 11:14 PM
|
Joined: Jul 2012
Posts: 15,713
603Country
THF Celebrity
|
THF Celebrity
Joined: Jul 2012
Posts: 15,713 |
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
|
Joined: Nov 2009
Posts: 6,765
jskin
OP
THF Trophy Hunter
|
OP
THF Trophy Hunter
Joined: Nov 2009
Posts: 6,765 |
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
|
Joined: Nov 2005
Posts: 5,653
Ox190
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Nov 2005
Posts: 5,653 |
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
|
Joined: Apr 2010
Posts: 1,089
jakebunch
Pro Tracker
|
Pro Tracker
Joined: Apr 2010
Posts: 1,089 |
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
|
Joined: Oct 2012
Posts: 29,612
Sneaky
THF Celebrity
|
THF Celebrity
Joined: Oct 2012
Posts: 29,612 |
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
|
Joined: Jun 2011
Posts: 33,984
Buzzsaw
THF Celebrity
|
THF Celebrity
Joined: Jun 2011
Posts: 33,984 |
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.
SPACE FOR RENT
|
|
|
Re: Non Compete experience
[Re: jskin]
#7887803
07/02/20 03:05 AM
|
Joined: Dec 2006
Posts: 9,154
KWood_TSU
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Dec 2006
Posts: 9,154 |
I was told by our lawyer that non competes in Texas don't work because Texas is a right to work state.
Amat Victoria Curam - Victory Loves Preparation
|
|
|
Re: Non Compete experience
[Re: KWood_TSU]
#7887825
07/02/20 03:38 AM
|
Joined: Dec 2010
Posts: 8,841
DocHorton
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Dec 2010
Posts: 8,841 |
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
|
Joined: Dec 2010
Posts: 8,841
DocHorton
THF Trophy Hunter
|
THF Trophy Hunter
Joined: Dec 2010
Posts: 8,841 |
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.
|
|
|
Moderated by bigbob_ftw, CCBIRDDOGMAN, Chickenman, Derek, DeRico, Duck_Hunter, hetman, jeh7mmmag, JustWingem, kmon11, kry226, kwrhuntinglab, Payne, pertnear, rifleman, sig226fan (Rguns.com), Superduty, TreeBass, txcornhusker
|