My Career in Jeopardy

[VladParticipant 210]

CombatRoll wrote:

NO – I had signed that non-solicitation years before and I secured the customer JUST before leaving my last company.

It’s actually making matters easier. If you signed that as part of your employee arrangement, then at the moment they failed to comply with any legal obligations by employee contract to you, you can argue any your obligations to them from that moment onwards are null and void. By the way you described things, they most definitely violated more than a few things.

Reread carefully that non-competition agreement. It should contain two sides: you give them something(obligation or whatever) and they give you something (money, training, workplace with full subsequent obligation to you etc.). If they fail to provide anything of that to you, you can argue that agreement as broken.

If agreement is made in a way “you give them something, they give you nothing”, it’s pretty unusual and very suspicious to tax auditors. And often in violation of most practices and laws. And you can argue “I was forced to sign such a slavish contract(BTW, was notary or witness there while signing?), therefore it should be cancelled.”.

Overall, looks like you have more than a few of options and angles to work that through, possibly with money or reputation to gain. If you want more concrete advice, though, better tell more about way that agreeement composed and in what state that is taking place.

Marriage is the tomb of love (c)Giacomo Casanova

[CombatRollParticipant 2594]

Update:

I’m pretty f~~~ed here. My current employer has suggested that I settle and they are none-too-happy that my non-solicitation will likely be extended.

I was almost fired this morning – I was called into a meeting and HR was there, but I threw them a curve ball and said I did not intend for them to be harmed and if my non-solicitation was extended I offered to take a cut in compensation to off set them not reaping new clients due to this issue.

I’ve Never been fired. I’ve never had a bad review and I’ve never been in legal trouble. I’ve hardly slept the last few weeks. My Ex lost her job countless times and I was always there to pick up the pieces. As men – there are no safety nets for us.

I’ve been advised to settle – so I’ve reached out to a lawyer, but frankly if I pay him the $5k retainer I want to know it will be worth it and I won’t just have to sign what they give me. How does that justify his $5k??

F~~~.

[VladParticipant 210]

That doesn’t sound too good really, might be a good idea to take some medicine to suppress the onset of panic attack…

That might be your former employer’s exact purpose of all this — to make you life uncomfortable, possibly make an example for other their workers. Don’t let them win.

Also, be very careful, if you decide to give in to ANY of their demands. A documented giving in to any of their demands might be used later in court as “plead guilty”, and may result in sucking you dry. If you give them something, from them you should demand at minimum a written admission, that they have no further grievances to you.

5K retainer is ridiculous. The lawyer better provide some REAL work for the money, consultation in written and signed form, with return of unearned retainer fee.

Marriage is the tomb of love (c)Giacomo Casanova

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