IT non-competition agreement contracting help :(

[TEEZLE]

Well, I got an offer for a job at an old company we used to have a contract with (they didn't even consider renewing our contract). A new contracting comany won the contract and I sent them a resume and filled out an application. They then call me (about a month later with a job offer) I accepted and put my resignation to my boss this morning. He said he was sorry to let me go but he said "I accept your resignation". Late afternoon when I was on site, he calls me all pissed off and says he is pissed at the whole thing. He said 3 years ago when I was first hired, I signed a non-competition agreement. I hae no recollection of such document!! Question is, is this agreement binding? Can the new comapny stop me from working with them if my boss calls them? I need help and advice please. Plus the new job pays about 10K more!!

 

[Workin']

Tell them to show you your signature on some document that clearly is a non-compete agreement. Then get a lawyer if they hassle you about it.

Not sure about the law in your state but in Wisconsin non-competes are almost impossible to enforce.

 

[iwearnosox]

Workin' is correct, most non competes are bullshit, don't let it scare you.

 

[TEEZLE]

From what I hear, everyone supposedly everyone had signed one (according to my boss' call). But no one can remeber doing it! I told him to send me over a copy of what I signed. But knowing him, there is a chance he would copy and paste my signature and copy it then send it to me! He is a "shadey" character to say the least.

Thanks for the quick replies guys, I need some reassurance.

 

[TEEZLE]

I want to add, there was another subcrontactor we had on the old contract, they had to get waivers (from their company) because the new company knew they signed that non-compete agreement (they want to keep two of them). I told them I never signed one with my company because I never "knowingly" did. Hopefully my boss won't contact them and stir up something, because I don't think he will do a waiver.

EDIT: The new company is based in Virginia

 

[TEEZLE]

What you all think? Don't worry?

 

[rh71]

Well I can say that you sign tons of documents when you first get hired. You're not going to remember somthing like that from a few years ago unless you specifically looked for it. Like workin' said... have them show it to you before anything else.

 

[Descartes]

Originally posted by: rh71
Well I can say that you sign tons of documents when you first get hired. You're not going to remember somthing like that from a few years ago unless you specifically looked for it. Like workin' said... have them show it to you before anything else.

Not sure about you, but I remember everything I sign. I don't wantonly put my signature down on any piece of paper placed in front of me.

 

[TEEZLE]

Originally posted by: Descartes

Originally posted by: rh71
Well I can say that you sign tons of documents when you first get hired. You're not going to remember somthing like that from a few years ago unless you specifically looked for it. Like workin' said... have them show it to you before anything else.

Not sure about you, but I remember everything I sign. I don't wantonly put my signature down on any piece of paper placed in front of me.

Good memory man. The bad thing if you noticed about companies is that they really don't give you copies of everything when you first sign on with them. I hope I don't have to fight this thing. Also, I heard about people suing companies for preventing quality of life (cost of living stuff?)? How can my company expect me to still work for them if they screw up my new job offer?!?!?!

 

[hoyaguru]

My ex-boss tried that malarky on me, but it turned out that I signed it after I started the job with him. If an employee didn't sign it, they could not work there. I used that to show I was under duress (sign this or else you are out of a job) and the boss realized it wouldn't stand up in court, and he dropped the whole thing.

 

[Orsorum]

It makes you wonder, when you first sign up for a job, can/should you ask them for copies of everything you sign?

 

[Jzero]

I signed a non-compete agreement, but I work in IT for a software company. If I took a job at a competitor, my current company is welcome to attempt to prove before a judge that they have a legitimate intellectual property claim on administering a Windows 2000 domain, and if they manage to pull that one off, I'll take my lumps.

 

[TEEZLE]

Thanks a lot guys. I will hold off for this week. I gave my boss a one week notice which I think pissed him off too. Will keep you guys informed if anything comes up.

Also, I know I didn't sign anything after i was hired, it was when i first started (even if i did).

Thanks guys.

EDIT: The position is for Lead Help desk

Thanks again people, I can sleep "good" tonight.

 

[MegaloManiaK]

Originally posted by: rh71
Well I can say that you sign tons of documents when you first get hired. You're not going to remember somthing like that from a few years ago unless you specifically looked for it. Like workin' said... have them show it to you before anything else.

i signed one once upon a time. It was hard to miss becuase it basicly dictated i couldn't work any tech jobs within 50 miles of the place. I think you would notice because they sound absurd. The funny thing is, to agree with workin' , that in my state you can't enforce such a contract and yet they made it sound like they could.

 

[JEDI]

empty threats. the company has to sue you to stop u from working there. lots of lawyers, and expensive for them.

all u have to do is join one of those lawyer insurance things for $19.99/month. they write 2 letters on your behalf.

so they spend 10k+ to prevent u from working there. unless u were a senior executive, they will never go thru with it once they get the letters

 

[DaveSimmons]

<not legal advice> In one case I read about in the paper, the aritcle said that a general non-competition agreement (as opposed to non-disclosure of company information) was not enforceable unless you receive extra compensation beyond your normal salary, for example an extra 3 months salary at the time that you leave your job </not legal advice>

 

[rh71]

Originally posted by: MegaloManiaK

Originally posted by: rh71
Well I can say that you sign tons of documents when you first get hired. You're not going to remember somthing like that from a few years ago unless you specifically looked for it. Like workin' said... have them show it to you before anything else.

i signed one once upon a time. It was hard to miss becuase it basicly dictated i couldn't work any tech jobs within 50 miles of the place. I think you would notice because they sound absurd. The funny thing is, to agree with workin' , that in my state you can't enforce such a contract and yet they made it sound like they could.

Well it depends... I've signed quite a few non-competes because I've worked quite a few jobs before 2000. There's no way I can remember which ones had them and which didn't. My current job started 3-4 years ago and I can't remember signing one, but I know for damned sure they wouldn't have allowed me to start without one.

 

[StageLeft]

I signed one I believe. If a company we are doing contract work for wants to hire me I know that I can't work for them unless my company gives the would be hiring company their blessing. I think it's pretty standard.

 

[DurocShark]

Non-competes ARE enforcable between companies. But individuals? not really... I've never heard of one successfully enforced, and I've seen a good dozen attempts by previous employers. (Not at me, thank goodness..)

If you think about it, a non-compete is just a formalized attempt at blackballing you, which is illegal.

If you started a competing company, they could successfully sue. But going to work for one? Nope.

 

[Savij]

Aren't these standard practice in the healthcare industry? I seem to remember one of my cousin's friends had to move b/c he didn't like the hospital he was at but couldn't work for another nearby hospital.

 

[TEEZLE]

Originally posted by: Skoorb
I signed one I believe. If a company we are doing contract work for wants to hire me I know that I can't work for them unless my company gives the would be hiring company their blessing. I think it's pretty standard.

Skoorb how are you good buddy Thanks for the reply.

I am hoping my present employer doesn't contact the new company saying I have a non-compete. Could my present employer essentially refuse to sign a waiver? It's not like I have any top secret information it's just helpdesk work?! My boss still hasn't conacted me with any copy of the agreement I signed either. This is all a big learning experience for me

Worst case scenario:
The new company says I need a waiver but my boss doesn't want to do it......then what should I do?

 

[Workin']

Worst case scenario:
The new company says I need a waiver but my boss doesn't want to do it......then what should I do?

Spend $300 to have a lawyer put the hurt on your former employer.

 

[Wuffsunie]

Originally posted by: TEEZLE
From what I hear, everyone supposedly everyone had signed one (according to my boss' call). But no one can remeber doing it! I told him to send me over a copy of what I signed. But knowing him, there is a chance he would copy and paste my signature and copy it then send it to me! He is a "shadey" character to say the least.

Then if he presses it, insist on seeing the actual, original document. Otherwise he can suck it.

 

[alkemyst]

yeah non-competition contracts weed out the weak and hold them to not leaving their current jobs...they just give all the power to the employer.

Send him an email from your addy at the new company that says 'sux it' (I really don't recommend that)

hehe

You don't want to ever start a war with the ex employer, as although that non-comp agreement may not hold up, the new company you work for may have many ties to your old company if they are in the same industry.

An associate got a nice fat promotion to a competitor (got the offer while we were there on business and hired before we left). He was polite and our boss was polite about the resignation...but then the idiot decides to bad mouth our boss (who was cool) and the company to others while on business and socially....they let him go because of the bad blood between the companies during that and the false information. Of course if you are important enough you can say whatever you want about anyone usually....just dont be middle management

 

[lowtech1]

Don't worry about it, because it is not binding. You are not stealing the work away from your company; even if you did it is hard for them to justify it in court because that is how it work in the business world.

3 years ago I signed a contract that said I can?t solicits to competitors/clients, or work in the same field for 24 months after ending my employment with my network security company. Then 2 years ago my present employer asked me to take over the contract from my old company because they are happy with my work, but weren?t happy with the company that I worked for. I was afraid of the contract binding that I has signed, but the new employer looked into it with their lawyers & found that type of contract is not biding. This new company offered me a 20% raise plus an initial month of paid vacation before I started my new employment.

He is piss off because he just lost a good employee to the competition due to his company & management negligence.