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  #1  
Old 11-01-2009, 01:59 PM
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non-compete clause

What is the name of your state (only U.S. law)? Florida
Hi,
I joined a ford dealership about 2.5 years ago. Soon I became a finance manager and signed a payplan with non-compete clause that 'I cannot work for 12 months and 50 miles with any competetors or affiliates competetors" if I choose to leave my job. This company owns 6 different brands of dealerships. Begining of this year I went back to sales floor, signed another payplan and then later was asked to join their chevy dealership as a finance manager. I signed another payplan with no non-compete clause in it. Soon this dealership lost its franchise with chevy and sales went down. I finally quit in october and found another job with different ford dealership. Before I could start my new job, the old dealership's attorney mailed my new job and me a letter stating that I am in violation of non-compete clause and should cease to work at my new job. I know that my last payplan with that company did not have any non-compete clause in it. Can they still force this on me and sue and make me loose my new job. If I dont clear this soon I wont have any new job. Please help !What is the name of your state (only U.S. law)?
  #2  
Old 11-01-2009, 02:09 PM
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Quote:
Originally Posted by puzzled2009 View Post
Can they still force this on me and sue and make me loose my new job.
Can they?? Yes.
Will they?? Depends on YOU. What did they say when you asked them to show you the contract that they were relying on??

If the facts are as you claim and the LAST contract with that employer did NOT include the non-compete, then the earlier contract was made invalid when they entered into a new one with you.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 11-01-2009, 02:51 PM
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they havent answered yet.
  #4  
Old 11-01-2009, 03:11 PM
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Quote:
Originally Posted by puzzled2009 View Post
What is the name of your state (only U.S. law)? Florida
Hi,
I joined a ford dealership about 2.5 years ago. Soon I became a finance manager and signed a payplan with non-compete clause that 'I cannot work for 12 months and 50 miles with any competetors or affiliates competetors" if I choose to leave my job. This company owns 6 different brands of dealerships. Begining of this year I went back to sales floor, signed another payplan and then later was asked to join their chevy dealership as a finance manager. I signed another payplan with no non-compete clause in it. Soon this dealership lost its franchise with chevy and sales went down. I finally quit in october and found another job with different ford dealership. Before I could start my new job, the old dealership's attorney mailed my new job and me a letter stating that I am in violation of non-compete clause and should cease to work at my new job. I know that my last payplan with that company did not have any non-compete clause in it. Can they still force this on me and sue and make me loose my new job. If I dont clear this soon I wont have any new job. Please help !What is the name of your state (only U.S. law)?
There's no way anyone can tell if the non-compete is still in effect without reading it, and whatever other agreements you have signed in the meantime.

You should gather them up and take them to see a local attorney.
  #5  
Old 11-01-2009, 04:49 PM
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thanks
I did read both the contracts. the second one does not include non-compete. I hope they reply in time.
  #6  
Old 11-01-2009, 04:53 PM
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Quote:
Originally Posted by puzzled2009 View Post
thanks
I did read both the contracts. the second one does not include non-compete. I hope they reply in time.
Wow... if you have already done all that, why did you ask us???
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #7  
Old 11-01-2009, 05:13 PM
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Location: I dunno. What time is it?
Posts: 1,318
Quote:
Originally Posted by puzzled2009 View Post
thanks
I did read both the contracts. the second one does not include non-compete. I hope they reply in time.
Does the second one include any language that invalidates the first one?
  #8  
Old 11-01-2009, 05:39 PM
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Quote:
Originally Posted by Stevef View Post
Does the second one include any language that invalidates the first one?
Not relevant.
A second contract covering the same subject and involving the same parties simply nullifies the original agreement. You can't have two contracts about the same thing, with same parties, different terms.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #9  
Old 11-01-2009, 06:45 PM
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Join Date: May 2006
Location: I dunno. What time is it?
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Quote:
Originally Posted by JETX View Post
Not relevant.
A second contract covering the same subject and involving the same parties simply nullifies the original agreement. You can't have two contracts about the same thing, with same parties, different terms.
I wasn't aware that all six brands were sold by the same corporation.

ETA: Also, since I haven't seen any of the 'payplans' referenced, I can't tell if the second or third was simply a modification of the pay terms and left the other terms in place.

Maybe you are comfortable stating the OP doesn't need to have all of these documents reviewed by an attorney, but I am not.
Last edited by Stevef; 11-01-2009 at 07:01 PM.
  #10  
Old 11-01-2009, 07:40 PM
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One parent company owns both the dealerships and both the contracts are signed by respective general managers. I wasnt sure if they can hold me responsible for the first one, since I signed that one first. But now it makes sense that they cannot give me two payplan contracts. thanks for your input, my new employer gave me couple of days to sort this out. If I dont here from them in 2 days I will have to get an attorney. thanks again
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