Hopper v All Pet Animal Clinic, Inc. - scroll down to Section IV ("Discussion").
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Hopper v All Pet Animal Clinic, Inc. - scroll down to Section IV ("Discussion").
Absolutely an incredible link!
Thanks, still though...
It really BITES that some states will actually enforce any of those contracts what so ever. IMHO I truly beleive that every single one of them violate the Sherman Act to the letter. IMO if the company will not pay you what you are worth or you are tired of working for them then the employee should have the full right to work for anybody anywhere doing anything and they should also be allowed to start their own company if they desire it.
I have not gone against my 3 year agreement as of yet and I may never do anything in his area ever but I still feel that I am tied and bound. It sticks in my GUT deaply! There is no mention of any geographical areas what so ever in my contract and the software area is somewhat broad.
I did not even get started at all. I never wrote a single line of code for this person. He lead my to believe that I was to give an estimate of hours that it would take to perform each area of programming which it could change as time passes. There is no way possible to determine how long it will take to fix his screwed up software. The unkown time for prgramming is very common in the software industry. In fact the contract only said that my compensation is based on an estimate. Estimation is not a solid value but it should be close.
Estimate in any dictionary...
http://dictionary.reference.com/browse/estimate
Before I signed he lead me on to believe the estimate was hours and not locked in. He also lead me to believe I was the only programmer and I was pretty much the leader if others came on. A few weeks later in an email he renamed me as a contract programmer, which was not in the contract, and he said that I must give a solid dollar bid on each piece of programming before I start any work. He also said that some of the work has already been done by his other programmers that bid on the work. I believe that their was not a meeting of the minds and that he could have breached the contract with his email.
Anyway, this is why I did not even start anything for him at all and returned all of his stuff via a signed FedEx delivery. It appeared that he changed the rules after the contract and the pre contract signing discussions.
All I can say for those who work in Wyoming or any other state that allows these types of contracts...
NEVER EVER sign anything that says you agree NOT to work period. It is probably a sad little witch of loser company anyway and you could be better off to look elsewhere for something. :wallbang:
Interesting thought here. In three years which would be November_10_2009 I could go ahead and write a piece of software better than his trashy little software and put it on the market without any worries what so ever. :D :D :D
hAcKeR dUdE
Sherman Act...
http://www.usdoj.gov/atr/foia/divisionmanual/two.htm#a1
hAcKeR dUdE
And of course, someone held a gun to your head to get you to sign that agreement?
You don't want to abide by it, don't sign it. Then you don't have to worry about what it says.
Gee, that is a bit pungent on your part. Inadvertantly yes to your statement, we are held by something very simular to those. Many times after you leave your job, sale your solids, change locations you are told on the morning of the new job, before we will allow you to start today you MUST SIGN these papers. If you do not sign then you do not start. There is not a lot that you can do if you have already altered those things in your life especially if you have a family that relies on the paycheck from month to month.
You know and I now know that employees do not get told the entire truth and usually are told only partial truths to lead our thinking in a direction of belief. Just as it happened to myself.
Not many of us have a golden parachute as it at least appears that you very well may have, IMO. I guess you consider it honest dishonesty or something like that? Or could it be that you write or attempt to enforce these types of contracts? But you do have the right to believe anyway you choose, but I myself do not approve of any of these contracts anymore especially when I believe that many times unethical means are used in pre contract signing discussions. Meeting Of The Minds or Deception In The Employee Mind?
JMO
It is at least some comfort for me to know a few things thus far. His business is suffereing since I told him to forget it.
You see, to program in his area sucessfully you need a very heavy programming degree with solid success in several programming languages and a very specialized science degree to boot. I am a success in both areas with experience in both areas and I was a PERFECT fit for the job. I could have easily fixed all of his problems that many other past programmers have screwed up and I could of made his software much better maybe even beyond what he could of imagined. I am great at coding bug free software including finding and fixing software bugs. In fact I can translate any software program from any language to any other language with ease.
He has allready gone through two other programmers since me and is now looking once again for another one. No wonder his software is loaded with so many problems. He should of been honest with me and everthing would of worked out. While it is a drag on me for a little bit of time I at least get to enjoy that he is having problems and may continue to have problems for some time to come. Personal satisfaction :D :D :D
Again, thanks aaron for that absolutely fantastic link! It shed a huge amount of light on my issues!
You're welcome.