last paycheck used as binding agreement for no compete??

T

trrogers

Guest
Jurisdiction
Texas
Hi my former employer has attached a letter stating that upon endorsement of my last paycheck that it is a binding contract as a no compete agreement ( never signed one and worked for them for over 8 years) the letter says I cannot groom clients of theirs for two years . The business was for mobile grooming and most only can sign no competes for the same (mobile only). I was hired as part time but had been working full time the past two. I was having shoulder issues and was told ( have it saved in text) that they could not stay open if I didn't work full time Their daughter in law used to work but was unreliable now they only have her working part time doing less than half the dogs I did. They aren't awnsering calls (which is NOT new ) they can't help most clients and they are calling me because I call them back They also have been consistently late (3 months usually!) on giving me my paycheck they don't withold taxes and say I am contract but it is their truck and trailer and they book clients My phone was used to contact people because they never gave me a phone Is it legal for them to turn me endorsing my paycheck into a binding contract??? Thank you!
 
You mention a whole lot of issues, only some of which might be prohibited. You need to take the "contract", as well as the contract from when you began employment (if it exists) to an attorney. Chances are, it is not binding if it is based solely on you accepting pay they already owe you. Poach their customers, and signed agreement or not, you are likely to find yourself on the end of a lawsuit.

Switching between PT and FT is legal. So is favoring family members. It isn't clear who is not calling whom back, but efficient business practices are not required.

Paying you late is problematic but you if you have now been paid to date, there isn't anything to be done about it. If you are incorrectly classified, there many issues there. Likely you are an employee, but based on what you shared, we can not be certain. They do not have to give you a phone.
 
Hi my former employer has attached a letter stating that upon endorsement of my last paycheck that it is a binding contract as a no compete agreement ( never signed one and worked for them for over 8 years) the letter says I cannot groom clients of theirs for two years . The business was for mobile grooming and most only can sign no competes for the same (mobile only). I was hired as part time but had been working full time the past two. I was having shoulder issues and was told ( have it saved in text) that they could not stay open if I didn't work full time Their daughter in law used to work but was unreliable now they only have her working part time doing less than half the dogs I did. They aren't awnsering calls (which is NOT new ) they can't help most clients and they are calling me because I call them back They also have been consistently late (3 months usually!) on giving me my paycheck they don't withold taxes and say I am contract but it is their truck and trailer and they book clients My phone was used to contact people because they never gave me a phone Is it legal for them to turn me endorsing my paycheck into a binding contract??? Thank you!


If you've stumbled into a CONTRACT situation, ALL of your remedies can only be sought through small claims or county court lawsuits.

I suggest you find a new employment situation, or change vocations.

The one you're in now is messy.
 
Talk to an employment law or contract law attorney & take any contract you might have with you.
 
Wondering....... Some banks allow you to take a picture of a check for deposit. Without having to sign it.... would this be a way around this? :-0
 
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