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got letter from attorney re: non-compete agrmt.

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bullwinkle

Guest
I'm in TX
Background info:
Went to work for company in July 1999. I was written up in July 99 for not making quota (my first month, and it was not a full month) In August 1999 they had me sign a non-compete agreement (24 months, 50 mile radius). I signed it, mainly because I thought they could fire me if I didn't sign it, and I didn't plan on staying in the particular field for any length of time. This company sold two products and was a direct marketer to people based on leads (people calling in from ads, etc). I was fired in Sept 2000 for failure to make quota for Aug 2000, despite the fact that the employee handbook stated that grounds for termination was not making quota 2 months in a row (I beleive that July 99 and Aug 00 hardly qualifies as 2 months in a row). I might add that the manager that fired me was promoted from being a salesperson. While she was a salesperson, I had numerous conflicts with her based upon my questioning her ethics, or lack thereof, and her customer service. Two months after she became manager I was fired. I was just so happy to be out of there and the negative work environment that I left without further ado.

I went to work 2 weeks later in Sept 2000 for another (more reputable) company that sells thousands of products, two of them happening to be the same product as the other company. My funding sources come directly from HMO's and home health agencies. I have not used any customer files from previous agencies nor given out any info on other company.

Fast forward to Nov. 2000. I receive a letter from previous employer's attorney's threatening to take me to court for damages if I don't "cease and desist" my employment with new company within two weeks. I think this is just a scare tactic but plan to retain an attny. Do I need to pursue this with an attorney and do they have a leg to stand on, in court, that is?
 


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buddy2bear

Guest
The first shot has been fired. You can take the chance that it might be a dud, but I would suggest you contact a labor and employment lawyer and have a consult.
 

crager34

Member
good advice

Most of the time, non-compete agreements are not enforcable, as it more of an ethics issue. Probably just trying to scare you: I know I would feel better getting advice from a local authority.
 
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buddy2bear

Guest
Depending on State, REASONABLE non-competes are fully enforceable and have been held up in courts. Check out some Lawrat posts as she has url(s) that you can bop into which list what is considered reasonable.
P.S.: My boss has not lost one yet for an X-employer! Probably because we do them.
 

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