Results 1 to 2 of 2

Hybrid View

  1. #1
    Join Date
    Jul 2010
    Posts
    1

    Default Non-Compete Agreement

    My question involves employment and labor law for the state of: Florida
    Employers is in NC.

    Postion: Software Qualtiy Analyst

    I am working as W2 employee with out any benefits with company xyz.
    xyz posted contracting position on dice. I applied to XYZ on friday morning and then got the offer letter in the afternoon , they asked me to sign stack of papers with the offer. By mistake , i didn't pay attention to each and every section in the agreement.

    One of the section has agreement not to work for ABC after my employment with the company XYZ is terminated. XYZ is not direct client to ABC, ABC is out-sourced the contract to DEF , DEF is direct client to ABC.

    Looks like candidate needs to hire attorney for each position that he/she applies. I didn't see a meaningful business justification to enforce this kind of agreement.
    XYZ is threating us talk to my attorney. We been in the IT industry for more than 7 yrs ,never had this experience. XYZ has my 2 months pay check.

    Could you please suggest us what to do here. I don't have enough financial freedom to hire attorney to fight for me. This doesn't look fair at all. especially when company XYZ is just sitting and taking his cut (commission)to run the pay checks.

    Do we have any legal firms to support candidates in this situation.

    Thanks for taking time to read this posting.
    Thank you once again.

    NON-COMPETE/NON-HIRE PROVISIONS
    5.1 Non-Compete: I understand that, through my employment with the Company and for a
    period of twelve (12) months after my employment with the Company is terminated or ended (whatever
    the reason for the end of the employment relationship) I shall not:

    (a) Work directly or indirectly for Company’s Customer and will not engaged in working
    directly or indirectly with end customer (ABC ) in the same group where I was engaged while working
    for the Company.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non-Compete Agreement

    Quote Quoting Calhoun v. WHA Med. Clinic, PLLC, 178 N.C. App. 585, 597, 632 S.E.2d 563, 571 (2006) (quoting QSP, 152 N.C. App. at 176, 566 S.E.2d at 852), disc. rev. denied, 361 N.C. 350, 644 S.E.2d 5 (2007).
    "Under North Carolina law, covenants not to compete are valid and enforceable if: `(1) in writing; (2) made part of a contract of employment; (3) based on valuable consideration; (4) reasonable both as to time and territory; and (5) not against public policy.'"
    Nothing about the clause seems unreasonable on its face. Run the details of your situation past an employment lawyer for a complete analysis.

    1. Sponsored Links
       

Similar Threads

  1. Non-Compete Agreements: Non Compete Agreement
    By madhuk in forum Employment and Labor
    Replies: 2
    Last Post: 01-09-2011, 01:02 PM
  2. Non-Compete Agreements: Non-Compete Agreement
    By Rainmaker in forum Employment and Labor
    Replies: 3
    Last Post: 12-05-2009, 02:30 PM
  3. Non-Compete Agreements: Non-Compete Agreement
    By Sam White in forum Employment and Labor
    Replies: 2
    Last Post: 05-08-2008, 04:34 PM
  4. Non Compete Agreement
    By bowwow in forum Independent Contractors
    Replies: 2
    Last Post: 01-13-2007, 11:42 AM
  5. Non-Compete Agreements: Non-Compete Agreement
    By WW in forum Employment and Labor
    Replies: 4
    Last Post: 04-06-2006, 05:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources