laid off with non-competition contract

[ClaireW]

I work for a food service co.headquartered in Pa. as a dietician in a facility in NY. I signed a non-competition contract when hired valid for one year and a 50 mile radius.Due to problems with kitchen management the facility has not renewed the contract. I relocated at my own expense to this area and bought a home in April after I was told that the contract had been signed. I now find out that there never was a signed contract and I was lied to. Also, the food service company has offered transfers to the other younger workers to be laid off, including those less qualified than me, but has not offered me other employment.(By the way I am 58 years old.)
The facility has asked me to work directly for them as they are very pleased with my work.I was never trained by the company to do the kind of work I do - I learned my profession in college and had to become licensed by the State and pass an exam. Can i work for them directly? There are no other jobs in this area in my line of work and salary range and I cannot afford to keep up my home and car payments on unemployment. Please help!

 

[Always searching]

If you need to work and there is no other work in the area that you can find, it would make good common sense just to document the problem and get the job. If they wanted to persue the matter and take you to court, there is a right in this country to work and if the first company laid you off, and there isn't any other job around, I wouldn't hesitate to go to work. If you have questions, go see an employment attorney, let them read your contract and it will quelch any fears about going to work for another company. Fear is holding you down. Go find out what to do from someone who knows the laws and you can go work without fear of retaliation. I know personally that I have been in this life long enough to realize that talk is cheap and knowledge is power so fight this with your head up and dare the other company to jack with you after you know for sure what the laws are. (This puts a different light on non-compete contracts doesn't it).

Back in the middle ages (I say this with tongue in cheek), I went to work for a radio station. I signed a non-compete. I hated the job and was lousy at it. I then went to work at the newspaper and the owner of the radio station threatened to take me to court. I basically said, go ahead and what will you get? I have nothing to get and if you get me fired from this job, I will draw unemployment and sue you for the inability to feed my family. It worked. This was before I knew about employment lawyers but the bluff he tried, didn't work.

 

[ClaireW]

Thank you for your advice. Monday is the big day - the changing of the guard. I have not found other employment nor has the food service company offered me a transfer so I shall go to work for the facility Monday. I have not sought help from an employment attorney as they all want to charge me a bunch of money to advise me, which I dont have.(I have been self-supporting for the past 15 years and live hand to mouth.)

Thanks again for helping me reach a decision.

 

[buddy2bear]

You are calling their "bluff." It might work in this situation because they wouldn't win much. However, if they do send you "that letter" (the threat to take you to court), if you are a member of AARP (you can be or become a member at age 50), then call them and ask for a referral to an employment attorney. AARP attorneys give us "old folks" discounts on services. Good luck!

 

[ClaireW]

Buddy,

Thank you. I am a member of AARP and will take your suggestion if it becomes necessary. Just hearing from you people has made me feel a lot better. You are very kind.