Non competitive agreement with My former employer?
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Non competitive agreement with My former employer?
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HI I just want to ask if there is something I can do to hinder my former company of pressing charges against me. You see There is a standard employee contract that all new employees have to sign after the job offer.It states there that as an employee we cannot work for a competitor, client, supplier, or with a business that has same nature of business such as them for a period of 18 months upon dismissal whether it be by resignation or company initiated termination. At first I dont want to sign the contract but Human Resources told me that I should sign because all employees should. I havent received a copy of the non competitive agreement it is with them, and the employees contract is also with them. I resigned form that company 3 months ago and was hired by another distributor which somehow has the same nature of business as with them,One thing that bothers me is that my former boss (one of the owners) called me and told me that I should go back or else they will sue me
What to do?
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Abel
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I don't think it would be a good idea to go back. Was your present employer aware of this contract before they hired you? Most companies do not sue former employees who renege on their non-compete contract. I suggest you see a lawyer about your problem.
Peace and blessings! |
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Adam G
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Depending on what State you are in this may not be enforceable. Some companies will try to use these general non-competes, but they do not apply to everyone in all situations. As long as you are not using proprietary information or your former customer lists, you should be ok. |
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Kathy M
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Unfortunately, I don't know what State you live in, so I can only speak for California. In California, the general law is that such agreements are void as a matter of law. There are a few exceptions [relating to simple employees as opposed to partners, etc.], relating to 'trade secret' issues. However, even there, they can only require that you don't disclose trade secrets - and you will be liable for doing so if you do [such as client lists, confidential product information, etc.] But if you are just a regular employee, and went to work for a competitor - even a direct competitor, and are not divulging trade secrets - well then they can bark all they want, but they have no legal bite. Of course if there are other factors you have not stated, the impact could change. Note, however, that there will be no "pressing charges" as that relates to criminal charges, and this is a civil issue requiring them to file a civil lawsuit. Based on the limited information you have provided, the covenant not to compete appears wholly uneforceable in California. |
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Lauren N
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Sign it all they want. Unless they are a huge corporation, it wont hold up. And they arent going to follow it anyway. |
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