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Started By
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re: non-compete question* EDIT and bump
Posted on 2/16/13 at 1:12 pm to hugo
Posted on 2/16/13 at 1:12 pm to hugo
I left, opened my own company, and have been sent a letter to stop doing the work I'm doing. I assume a court date is next. My partner has a strong defense team and is ready to roll. Former company hasn't paid my health account reimbursement yet nor my final commission check, which is over due.
One of the former company's owners was in town visiting customers last week and went as far as to tell them the reason I left is that they didn't support me and they have no one to blame but themselves. Several of my customers told the owners of the former company while I was employed there that they needed to do things differently to keep their business and the former owners did nothing, hence, why I left.
Add to that, this is the staffing industry and when paying field employees, they are paying them $20 an hour per say, but breaking the pay up to $15 base and a $5 per diem so they don't have to pay taxes on the whole $20. They are doing this without telling the field employee and without telling their customers. I think this has to be illegal and another reason why I left this company. My hope is that this helps get me out of my confidentiality that has a lot of non-compete language in it.
One of the former company's owners was in town visiting customers last week and went as far as to tell them the reason I left is that they didn't support me and they have no one to blame but themselves. Several of my customers told the owners of the former company while I was employed there that they needed to do things differently to keep their business and the former owners did nothing, hence, why I left.
Add to that, this is the staffing industry and when paying field employees, they are paying them $20 an hour per say, but breaking the pay up to $15 base and a $5 per diem so they don't have to pay taxes on the whole $20. They are doing this without telling the field employee and without telling their customers. I think this has to be illegal and another reason why I left this company. My hope is that this helps get me out of my confidentiality that has a lot of non-compete language in it.
Posted on 2/16/13 at 2:58 pm to JoseVargasTX
quote:
Former company hasn't paid my health account reimbursement yet nor my final commission check, which is over due.
and they want to sue you? LOL.
rule #1: come to court with clean hands
Having not read the agreement no one here will be able to provide an informed opinion, but given the information we have thus far I would say you are in a very good position.
eta: are you sure about the information in the OP regarding two separate documents being sent to you? If you really did sign a binding non-compete when you started, why would they send you a new one a couple months later?
Are you able to find the old agreement and if so can you provide some of the general language?
ie length of non compete and areas included
This post was edited on 2/16/13 at 3:01 pm
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