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Message
OT Lawyers: Non-competes
Posted on 2/21/19 at 3:24 pm
Posted on 2/21/19 at 3:24 pm
Do non-competes hold any water, ever? I left my job in October due to circumstances completely out of my control. My old competitor now wants to hire me on for a different area. I signed a two-year non-compete at my first job though. Can they come back and sue me if I accept this job? I'll hang up and listen.
This post was edited on 2/21/19 at 3:25 pm
14
Posted on 2/21/19 at 3:25 pm to BeachDude022
quote:
left my job in October due to circumstances completely out of my control.
Were you fired?
Posted on 2/21/19 at 3:25 pm to TH03
quote:
Were you fired?
Nope, basically forced to resign. The CEO was fired after I left because of this though.
Posted on 2/21/19 at 3:26 pm to BeachDude022
Hire a lawyer. Get real competent advice. Your livelihood depends on it.
Posted on 2/21/19 at 3:26 pm to BeachDude022
quote:
Do non-competes hold any water, ever?
they certainly can*, but i don't know if your's does for whatever scenario you have, without reading it
that whole "they're not worth the paper they're printed on" myth is total bullshite
*in Louisiana
This post was edited on 2/21/19 at 3:27 pm
Posted on 2/21/19 at 3:26 pm to BeachDude022
There is a kid asking about taking the LSAT's on here, go post this in his thread, it will be a good test for him.
This post was edited on 2/21/19 at 3:27 pm
Posted on 2/21/19 at 3:27 pm to BeachDude022
quote:
Do non-competes hold any water, ever?
Depends
quote:
Can they come back and sue me if I accept this job?
Depends.
Talk to an attorney in your area. The answer is in the details.
Posted on 2/21/19 at 3:27 pm to BeachDude022
There are way too many variables for internet analysis. Bring the actual document to an actual lawyer
Posted on 2/21/19 at 3:28 pm to BeachDude022
quote:
Nope, basically forced to resign.
This sounds ambiguous
You should get an attorney regardless, but all the more because of this
If you'll have an employment contract with the new employer take them both to an attorney and pay for the consult for him/her to advise on both.
Posted on 2/21/19 at 3:29 pm to boosiebadazz
Ah, guess I'll talk to a lawyer next week. Such BS considering I relocated for that position and now I'm stuck. 
Posted on 2/21/19 at 3:31 pm to BeachDude022
I went through this years ago in Louisiana. As I recall it, the law is different in every state. At the time, in Louisiana, a noncompete could be enforced but it had to be limited to three contiguous parishes. Further it really cannot be applied to any sort or professional. The main jobs it could be applied to are things like sales where an employee might have some sort of client list or data.
This was back in the 90s so the law could have changed.
This was back in the 90s so the law could have changed.
This post was edited on 2/21/19 at 3:34 pm
Posted on 2/21/19 at 3:32 pm to BeachDude022
Bring the actual document to an attorney. Depending on the state, judge, and/or the circumstances which you left your last employer, they aren't usually enforced because it is a means which blocks your ability to maintain employment. However, the company I work for has been very successful in enforcing the non-compete we have to sign. A good attorney with experience defending against them will be your best source of advice.
Posted on 2/21/19 at 3:34 pm to MMauler
quote:
The main jobs it could be applied to are things like sales where an employee might have some sort of client list or data.
Yeah, I'm in medical sales. I won't be working with the same clients though. My situation was basically a he-said/she-said, and I was suspended without pay, so I resigned. Every time they suspend someone without pay, they fire them the next day. I resigned so I could get my 30 days of pay plus PTO time. In the end, I wasn't in the wrong and the CEO of my hospital was fired for the way they handled the whole situation.
Posted on 2/21/19 at 3:35 pm to Cump11b
quote:
Cump11b
Seems like my best option. Thank you.
Posted on 2/21/19 at 3:39 pm to BeachDude022
Is the non-compete limited to a specific geographic area?
This post was edited on 2/21/19 at 3:41 pm
Posted on 2/21/19 at 3:41 pm to MMauler
quote:
Was the non-compete limited to a specific geographic area?
It doesn't say, just says I can't work for a competitor for 2 years after my release date. I would assume it's just for the Dallas area, I could prob work for a competitor in Ft Worth, but I don't really want to drive over an hour to my territory every day.
Posted on 2/21/19 at 3:46 pm to BeachDude022
quote:
would assume it's just for the Dallas area,
Like I said, it's different in every state.
As I recall, in Louisiana, the noncompete must specifically state the parishes that are covered by the noncompete.
I'm not sure if that's the case in Texas, but if it is you may be able to get out of the noncompete completely. Some courts may apply a reasonable geographic limitation. In any event, here is a link discussing the Texas law –
Texas law
This post was edited on 2/21/19 at 3:50 pm
Posted on 2/21/19 at 3:46 pm to BeachDude022
quote:
the CEO of my hospital was fired for the way they handled the whole situation.
The board met and decided to fire the CEO because of a mishandled an employee situation? I don't believe this.
Posted on 2/21/19 at 3:49 pm to SlackMaster
quote:
The board met and decided to fire the CEO because of a mishandled an employee situation? I don't believe this.
Believe what you will, but when you lose your number one sales rep and your top account bringing in 35% of business, you get axed. Also, this wasn't a 900 bed hospital, it's a 42 bed rehab hospital.
This post was edited on 2/21/19 at 3:55 pm
Posted on 2/21/19 at 3:52 pm to BeachDude022
W2 puke or seller of a business is always the first question. That’ll be $495.
This post was edited on 2/21/19 at 3:53 pm
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