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| *Ostroff, Fair and Company>>>Law & Legal |
How legal is it ? |
I worked for a company for over 4 years within that period of time we were given to sign a paper which stated we were not going to work for another Company withing the same industry for a period of 3 years, After our resignation, termination with the Company.The paper that we signed is not notirized, but it does have the companys name and my name on it. Can you help me, If I have any chance to work in the same industry ? By the way. I was terminated about 3 weeks ago and they send me a letter as a reminder that I was not able to work in the same industry. When I left the building they new I had nothing with me. Now that I have 2 great job offers , I am afraid to turn them down. Please help!! You need an attorney because those agreements are limited, although the company may want you to think they are not. Like if the company is in Massachussets and your job offer is in California. It maybe that they have no right to restrict you at all. Like if you sold cars and their trying to restrict you from selling motor homes. It just depends on the circumstances and it might also be that three years is unreasonable. Lots of people get these set aside, I'm not saying you will but you need legal assistance. I have seen this before. they do not want you competing with their business by working for another company that might be in competition for the same clients. It is legal and I have seen it argued all the way to the state courts. It's called a non-compete agreement and it's legal. Sometimes, the company will waive it if you talk to them, but given that they sent you a REMINDER letter, I guess there's little hope in that. Sounds like you signed a no compete agreement. If you signed the paper, then you agreed to the conditions. The paper not being notarized doesn't matter. If you take a job in the same industry and the previous employer finds out, they can sue and will most likely win. In some states the non-compete agreement is illegal(for example California). You may want to contact an attorney, however, it has been my experience that the company has to offer some form of compensation other than just keeping your job, and they must state a reasonable mileage range and a reasonable period can not exceed two years. Very few courts have upheld blanket non-compete agreements even in states that allow the agreements, unless the employee was adequately compensated for years in question. The company will have the additional burden to prove that your work has affected their business. There is a constitutional issue related to agreements--because one has the right to seek employment. However, non-disclosure agreements are upheld in all states. http://labor-employment-law.lawyers.com/... http://www.thompsonhine.com/publications... http://www.allbusiness.com/buying-exitin... |
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