Business Contracts Non-Compete Agreement

[sweetjess1951]

When I started working on my current company, I signed a non-compete agreement. I'll get to the specific terms later in my story.

Things really started to go downhill and I was being mistreated. I decided I wanted to start applying for jobs and ended up applying for a position at a company that is currently a client of ours. I used 2 people at my current company as a reference, in addition to a few other people that have supervised me in the past.

I was offerred the job on Thursday and I turned in my 2 weeks notice on Monday.

After I turned in my notice, the HR Director tried to tell me that per my non-compete agreement, I was not allowed to go work for a client. Not only did I read the contract over and over, I also had multiple people who read the contract. Nowhere does it say that I cannot, under any circumstances, go work for a client. It states that I cannot "render to or for any client any services of the type rendered by the company". My company provides media plans and buys media for the client and that is completely unrelated to what my job description is at the company I am going to. I am not taking any business away from my current company. In fact, I won't even work with them and will have no contact.

The situation has now escalated and now my company is basically harassing my references after hours to try to find out what the reference request said and trying to find out who within my company gave the reference and discussing my employment with the company with my co-workers.

Has anyone ever experienced this? I feel like my current company is trying to keep me from going because they have treated me so bad, they think I'll try to get my new employer to dump them as an agency.

I'm just wondering if I should seek out a lawyer or if this is something that will even hold up in court.

 

[army judge]

Non-compete clauses are often unenforceable, and in some states, they're entirely unenforceable.
In other states they are rarely enforceable, and the courts in your state don't find creative ways to allow them to restrict you from being gainfully employed.

If you are unclear about anything, you can always talk with a local attorney or two.
If you really seek clarity or reassurance, a couple hundred dollars (or so) will buy an hour of an attorney's time for a thorough explanation and/or written legal opinion.






Somethings you can read for additional understanding:

http://jrworleylaw.com/non_compete.html

http://www.lawserver.com/law/articles/non-competition-agreements-in-north-carolina

http://blogs.parkerpoe.com/tradesec...-policy-trumps-non-compete-in-north-carolina/​

 

[Betty3]

Generally any time a non-compete is involved, it is always best to have it reviewed by an employment or contract attorney in your area for his/her advice/opinion.

 

[fredrikklaw]

Non-Compete; Non-issue!

SWEETJESS1951 . . .

Ahhhh! Another non-compete case, and once again my blood boils with irritation at those two-bit clowns sitting in H.R. departments harassing and intimidating honest souls who are only trying to make a living with huge piles of unadulterated clap-trap masquerading as righteous indignation.

A few years ago I interviewed for and got a job as a limo driver pending the signing of a non-compete agreement, which is a contradiction in terms and oxymoronic to say the least, because an agreement would suggest that there has been a meeting of the minds and not just a one-way enforcement of self-made rules on a take-it-or-leave-it basis.

Needless to say that I left it and told them to insert their job where they mistakenly think the sun rises from; and it wasn't just the absurdity of the restrictive conditions on any future employment, but the wording of the document which in one particular paragraph enjoined not only myself, but all others that I have come into contact with so far in my life including my third grade English teacher and my grandmother.

What I am trying to say here, and I am 100% in sync with Army Judge's contention, is that do not let these people scare you into not taking the new job as the agreement you have signed will not hold enforcement in any court. And there are good reasons for that.

Covenants not to compete are only enforceable in instances where the information or training received by the employee are so proprietary in nature (meaning that the data was the creation of the employer) so as to make any leaks to competitors financially destructive. Examples of this would be Bio-Medical staff at a pharmaceutical company developing a new drug where secrecy is not only essential to the company's well being, but absolutely paramount, so much so that the ex-employees might well find themselves prosecuted for industrial espionage.

With all due respect to your professional field, while media planning and media buying are horrendously competitive jobs and my hat is off to you for daring to enter its echelons, the bread-and-butter of the companies in these fields are the type that can be found on the internet and in the phone-books at the ready and without breaking sweat.

I hope it does not sound like an easier-said-than-done suggestion, but you are free to accept the new job without having to worry for one second about any fall-outs or legal consequences from the direction of your previous employer.

Wish you the very best, with your new job.

fredrikklaw

 

[cbg]

It is rarely if ever the HR department's idea to include non-competes. They're the lucky (sarcasm blue light ON) employees trying to make a living that get blessed with the job of having to get them signed and enforce them, but it is FAR more likely to be either upper management or (in at least one case I know of) a major client that is demanding the non-competes and NOT the poor souls in HR.

Signed,

One of the two-bit clowns sitting in HR who has been handed, by the CEO, the assignment of getting the non-competes signed whether I wanted to (or thought them wise) or not

 

[Betty3]

Signed,

One of the two-bit clowns sitting in HR who has been handed, by the CEO, the assignment of getting the non-competes signed whether I wanted to (or thought them wise) or not

& who is also only trying to make a living.

 

[army judge]

In the interest of fairness, the idea most likely emanated from two dollar CEO, but was more likely crafted by a two bit clown lawyer buried somewhere in the corporate counsel's office.
In fact, the one dollar corporate counsel may have whispered the efficacy of the non-compete in the ear of the two dollar CEO.
LOL