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Re: Non Compete experience
[Re: Sneaky]
#7887844
07/02/20 03:57 AM
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Joined: Nov 2009
Posts: 6,765
jskin
OP
THF Trophy Hunter
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OP
THF Trophy Hunter
Joined: Nov 2009
Posts: 6,765 |
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? I wasn’t forced to sign it at the time if termination it was about a year ago. No severance but was paid all outstanding commissions.
"While we are postponing, life speeds by"
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Re: Non Compete experience
[Re: jskin]
#7887846
07/02/20 04:07 AM
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Joined: Sep 2009
Posts: 2,959
cxjcherokec
Veteran Tracker
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Joined: Sep 2009
Posts: 2,959 |
I would ask for a copy of the no compete you signed and read it very thoroughly. There may be an exclusion if they chose to terminate you. I gather you're commission based so passing off old customers to a new salesman night not work but they can always be traded.
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Re: Non Compete experience
[Re: jskin]
#7887858
07/02/20 04:41 AM
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Joined: Oct 2012
Posts: 29,676
Sneaky
THF Celebrity
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THF Celebrity
Joined: Oct 2012
Posts: 29,676 |
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? I wasn’t forced to sign it at the time if termination it was about a year ago. No severance but was paid all outstanding commissions. Ah, that sounds like a scam, alright. I’d at least talk to a lawyer. You never know about laws, but it sure doesn’t seem right to me, on the surface.
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Re: Non Compete experience
[Re: jskin]
#7887861
07/02/20 04:47 AM
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Joined: Oct 2009
Posts: 4,459
majekman
Extreme Tracker
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Extreme Tracker
Joined: Oct 2009
Posts: 4,459 |
Yep, lawyer up. Never been a fan of em but over the years it’s been money well spent, no doubt
Last edited by majekman; 07/02/20 04:48 AM. Reason: Edit
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Re: Non Compete experience
[Re: jskin]
#7887867
07/02/20 04:55 AM
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Joined: Jul 2015
Posts: 23,193
Bee'z
The Beedazzler
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The Beedazzler
Joined: Jul 2015
Posts: 23,193 |
It will not be cheap but it can be done. Your cost here is the big unknown
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Re: Non Compete experience
[Re: jskin]
#7887912
07/02/20 11:25 AM
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Joined: Jan 2013
Posts: 19,666
Pitchfork Predator
THF Celebrity
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THF Celebrity
Joined: Jan 2013
Posts: 19,666 |
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. Been there done that.....Texas is a right to work state........they lose in court 100% of the time.......it’s all about trying to intimidate you to comply......
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Re: Non Compete experience
[Re: jskin]
#7888187
07/02/20 03:13 PM
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Joined: Jan 2009
Posts: 19,307
Judd
#1 Creedmoor Fan
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#1 Creedmoor Fan
Joined: Jan 2009
Posts: 19,307 |
I've been asked to sign two and declined both. I had a conversation with them and explained my point, both allowed me to continue to be employed without the no compete. One of the companies actually hired me from one of their customers and then wanted me to sign a no compete That was an interesting conversation. Good luck, I don't have anything to add...see an attny and/or talk to your current/new employer about it. I assume you told them when you got hired you had signed one, some companies will help you fight it.
Don't let your ears hear what your eyes didn't see, and don't let your mouth say what your heart doesn't feel
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Re: Non Compete experience
[Re: jskin]
#7888244
07/02/20 03:52 PM
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Joined: Aug 2016
Posts: 2,452
Dalroo
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A former employer decided one day to pass around non-compete agreements to the entire company. Blanket agreement which was most likely unenforceable. At the time we had 110ish employees, and my guess is probably fewer than 20 (the younger group, mostly new hires) actually signed. Most of us just ignored. It was a big deal for about a minute, and facing widespread departures, the company backed off.
As mentioned above, it is my understanding that non-competes need to be pretty specific in detail on prohibited companies, territories, time, etc. to be enforceable. Unfortunately, many companies will shy away from potential employees just to avoid the hassle of defending a new hire with a non-compete.
Dalroo Deep in the Heart of Texas How about that Brandon!
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Re: Non Compete experience
[Re: jskin]
#7888272
07/02/20 04:09 PM
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Joined: Mar 2012
Posts: 13,635
1860.colt
emoji colt.45
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emoji colt.45
Joined: Mar 2012
Posts: 13,635 |
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. 2003. Over filing on workmanship comp... They Can terminate ya... They had lawyers on payroll. Got a lawyer. He got new office, & more clients... It ruined my credit... Ended up on the streets,no one would hire... dang Gov been spying on me ever since... Best wish's...
i'm postaddic
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Re: Non Compete experience
[Re: Cochise]
#7888280
07/02/20 04:14 PM
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Joined: Sep 2009
Posts: 18,973
ChadTRG42
THF Celebrity
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Joined: Sep 2009
Posts: 18,973 |
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. ^ This. The non compete totally depends on how it's written. Yes, they CAN hold up, but a lot of them can be beaten when fought for legally. But you will have to hire an attorney for it.
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Re: Non Compete experience
[Re: Pitchfork Predator]
#7888287
07/02/20 04:18 PM
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Joined: Sep 2009
Posts: 18,973
ChadTRG42
THF Celebrity
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Posts: 18,973 |
.....they lose in court 100% of the time....... That's not a correct statement. I know of many non competes that were written well by the former employer and held up in court. They are 100% real. The best option is to not sign one. I wouldn't sign one at a former employer and I told them so initially. It never came up again.
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Re: Non Compete experience
[Re: 1860.colt]
#7888306
07/02/20 04:30 PM
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Joined: Oct 2012
Posts: 29,676
Sneaky
THF Celebrity
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THF Celebrity
Joined: Oct 2012
Posts: 29,676 |
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. 2003. Over filing on workmanship comp... They Can terminate ya... They had lawyers on payroll. Got a lawyer. He got new office, & more clients... It ruined my credit... Ended up on the streets,no one would hire... dang Gov been spying on me ever since... Best wish's... I guess they expected you to work, some.
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Re: Non Compete experience
[Re: jskin]
#7888366
07/02/20 05:26 PM
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Joined: Mar 2007
Posts: 5,226
Rustler
THF Trophy Hunter
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THF Trophy Hunter
Joined: Mar 2007
Posts: 5,226 |
The generic almost form letter type NC, probably the most common, don't stand up well to challenge. If it gets before a judge, anything seeming unreasonable gets it tossed out. Very few generic NC are reasonable, basically intimidation, most folks out of a paying job don't want to incur possible legal expenses.
If it gets this far; Before a Judge, he or she will determine if the NC is reasonable, if it is, you will be arguing why the NC is unreasonable in scope, and then the definition of ' compensation beyond ' in your specific case, which is a muddy area with an undefined sliding scale.
Any severance, bonus or compensations that are not a part of the former employees usual and customary defined pay plan, or not outlined & defined in the employee handbook, or in writing could be considered compensation beyond. An employees signature acknowledges & accepts the terms set.
For commission based employees any projected or future commissions the employee is paid at time of severance or beyond the severance date could be considered compensation beyond. So if your commission based and the former employer pays you for any commissions beyond your severance date, you're going to have a really hard time with defending compensation beyond. You'll be left with reasonable vs unreasonable.
If the NC is deemed reasonable in scope, and the former employee was ' compensated beyond ', the chance of resolution in favor of the former employee is basically none.
Good thing, very few get this far.
On the other hand, an individual well written, detailed and reasonable non competes are very enforceable, especially for executive level employees. Near to iron clad if the former executive employee was ' compensated beyond '. If an employment contract is involved, rest assured the particulars surrounding resignation or termination are reasonable and very carefully worded.
' Right to work ' and or ' At will ' has nothing to do with non competes.
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Re: Non Compete experience
[Re: ChadTRG42]
#7888398
07/02/20 06:06 PM
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Joined: Jan 2013
Posts: 19,666
Pitchfork Predator
THF Celebrity
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THF Celebrity
Joined: Jan 2013
Posts: 19,666 |
.....they lose in court 100% of the time....... That's not a correct statement. I know of many non competes that were written well by the former employer and held up in court. They are 100% real. The best option is to not sign one. I wouldn't sign one at a former employer and I told them so initially. It never came up again. I'ts correct for me, how many have you fought in court? I fought 2 and won both.......
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