I was hired in April 2007 for a Marble and Tile company to install granite countertops. We were told that a no compete needed to be signed upon hire date. I signed this because honestly I had no intention of leaving this company to work installing granite for anyone else. My no compete stated as of termination date I was not not work with any competitor within a 50 mile range of the company I was leaving for a period of 1 year. The company I left only did granite and tile work. In September of 2008 I was offered a position of doing Solid Surface (which is not a granite product) fabrication and templating and basically leading a what would eventually be a production department of solid surface. The problem is that the company also does granite work and until this new division building is completed I am still in the same shop as the granite employees. My new employer which prior to my arrival only did granite work but wanted to begin a solid surface division and wanted a person with experience to head this up. So I was offered the job to come in and be the lead person in this division. Currently they are looking to set up a seperate address and possible name for this new division.
When I put in my two week notice I also informed my previous employer where I was going to work and what I would be doing. I even discussed the fact that I would be in no competition with the employee since he does not have solid surface products. There were two main reasons I left money and health. This for one being a terrific opportunity, with more money and more hours since the previous employers hours were dwindling below 40 per week with talk of possible temporary lay offs. The second is that at age 44 I was no longer going to be lifting heavy granite pieces which was causing problem with my lower back. I was thrown a pizza party and bid my farwells. My new job has been terrific and are in process of purchasing a seperate building for my solid surface products. Then everything changed
Two former employees that I had worked with got wind of my success and being that they had had their hours cut back to under 30 hours they needed to make a employment change. They applied at my work and my employer hired them in the granite shop to work in installing and fabrication of granite. I was not informed or had any discussions with the employees or employer about the hire. These employees gave no notice to our ex employe and started the next day. Then approximately 6 weeks after I left and 3 days after these other employees left I recieved a letter stating I need to abide by the terms of my no compete agreement or they will have not alternative then to pursue legal action which in worst case would result in me not being able to work at my new job.
Question is Since the company is in competition as far as the name ect but my division is not is there true grounds for this
Would the company have to pursue no compete with all employees that signed this letter that went to work for competition in order to pursue my no compete. Because as of today I know of 5 previous employees that they did not pursue the no compete with at time of termination.
I really feel deep down that this was done because of the two other employees leaving and they are upset thinking in some way this is my fault.
Again personally my job does not compete as I work with a product that my former employee does not offer, sell or install or work with on any matter.
When I put in my two week notice I also informed my previous employer where I was going to work and what I would be doing. I even discussed the fact that I would be in no competition with the employee since he does not have solid surface products. There were two main reasons I left money and health. This for one being a terrific opportunity, with more money and more hours since the previous employers hours were dwindling below 40 per week with talk of possible temporary lay offs. The second is that at age 44 I was no longer going to be lifting heavy granite pieces which was causing problem with my lower back. I was thrown a pizza party and bid my farwells. My new job has been terrific and are in process of purchasing a seperate building for my solid surface products. Then everything changed
Two former employees that I had worked with got wind of my success and being that they had had their hours cut back to under 30 hours they needed to make a employment change. They applied at my work and my employer hired them in the granite shop to work in installing and fabrication of granite. I was not informed or had any discussions with the employees or employer about the hire. These employees gave no notice to our ex employe and started the next day. Then approximately 6 weeks after I left and 3 days after these other employees left I recieved a letter stating I need to abide by the terms of my no compete agreement or they will have not alternative then to pursue legal action which in worst case would result in me not being able to work at my new job.
Question is Since the company is in competition as far as the name ect but my division is not is there true grounds for this
Would the company have to pursue no compete with all employees that signed this letter that went to work for competition in order to pursue my no compete. Because as of today I know of 5 previous employees that they did not pursue the no compete with at time of termination.
I really feel deep down that this was done because of the two other employees leaving and they are upset thinking in some way this is my fault.
Again personally my job does not compete as I work with a product that my former employee does not offer, sell or install or work with on any matter.
