Non-Compete clauses... need help Update: They let me out of it!

[krwell]

Hey guys I just got offered a job in Florida for a big company and I want to take the job. The problem is that in contract I signed with my current company there is a clause saying I will not work for a customer for 6 months after employment ends, which this big company is. Someone told me that the non clause is non binding since I was in my probation period and not a real employee. Anyone have any advice or insight????

The new company is going to try to use their power to get my company to release me from the clause. If they can't I want some options.


Thanks so much in advance!


Update: They didn't even bring it up. They are letting me go!!! Florida here I come!

 

[Scarpozzi]

Originally posted by: krwell
Hey guys I just got offered a job in Florida for a big company and I want to take the job. The problem is that in contract I signed with my current company there is a clause saying I will not work for a customer for 6 months after employment ends, which this big company is. Someone told me that the non clause is non binding since I was in my probation period and not a real employee. Anyone have any advice or insight????

Thanks so much in advance!

Don't tell them where you are going to work. They won't investigate it unless they have free time....and we all know how many of those companies have free time to do that sort of thing. Just be sure not to slip up and answer anything in the exit interview....it's none of their business where you are going to work.

 

[her209]

Originally posted by: krwell
Hey guys I just got offered a job in Florida for a big company and I want to take the job. The problem is that in contract I signed with my current company there is a clause saying I will not work for a customer for 6 months after employment ends, which this big company is. Someone told me that the non clause is non binding since I was in my probation period and not a real employee. Anyone have any advice or insight????

Thanks so much in advance!

So it means you can work for someone else.

 

[krwell]

 

[Sundog]

If you are in your probation period, get the other job, then get fired from you current one.

 

[Mr.IncrediblyBored]

The non-complete clause in my contract said I couldn't work for a customer for 1 year, but I believe there was an out saying that I just wasn't allowed to work in a department/office directly competing with my previous employer. I suppose this means, I could work in a loading dock or as a salesman or something unrelated to the software my current employer makes.

 

[Sundog]

What does the non-compete agreement say about being within the probation period?

 

[bozo1]

Originally posted by: Sundog
What does the non-compete agreement say about being within the probation period?

Exactly. If the agreement doesn't specifically say that it doesn't take effect until the end of your probation, then it is binding from the minute you signed it.
You also better let the new company know about it because they will get sued as well as you.

 

[Sundog]

Originally posted by: bozo1

Originally posted by: Sundog
What does the non-compete agreement say about being within the probation period?

Exactly. If the agreement doesn't specifically say that it doesn't take effect until the end of your probation, then it is binding from the minute you signed it.

I would disagree if during the probabtion period you are not entitled to things like company benefits.......

I will have to ask my wife when she gets home. She is an HR manager and I believe the company has probabtion periods and non-compete agreements.

 

[bozo1]

All depends on the wording. My former employer sued people all the time for that and it didn't matter whether they were still new or not.

 

[krwell]

Original message updated.

 

[Sundog]

Originally posted by: krwell
The new company is going to try to use their power to get my company to release me from the clause.

That waould be great for you if it works! Good luck.

 

[LethalWolfe]

Originally posted by: krwell
Hey guys I just got offered a job in Florida for a big company and I want to take the job. The problem is that in contract I signed with my current company there is a clause saying I will not work for a customer for 6 months after employment ends, which this big company is. Someone told me that the non clause is non binding since I was in my probation period and not a real employee. Anyone have any advice or insight????

The new company is going to try to use their power to get my company to release me from the clause. If they can't I want some options.

Thanks so much in advance!

If they can't aren't you kinda screwed since yer current employer will know you want to leave?


Lethal

 

[heartsurgeon]

asking for legal advice in this forum makes as much sense as asking about medical advice..

you would be insane to follow any advice other than.....see a contract lawyer..pay the money..get real advice.

 

[krwell]

Originally posted by: LethalWolfe


If they can't aren't you kinda screwed since yer current employer will know you want to leave?


Lethal

Yes it might

 

[krwell]

now update with the clause

 

[krwell]

Update: they let me out of the clause!