geneva1150
Junior Member
What is the name of your state? IN
I was recently terminated from my job of 9 months. When I was hired, I signed an employment agreement that included a 1-year non-compete, a confidentiality agreement, and 3 weeks' severance provided I was not terminated for gross misconduct.
When I was fired, I was told -- in essence -- that they would show my termination as 'without cause' (allowing me to collect me severance) as long as I "didn't cause any trouble". They also told me that I would be required to sign something when I picked up my final check/severance.
I was called by a competing firm within an hour of my leaving the building. Had that not happened, I probably would never have thought about fighting my non-compete...though it most likely is a moot point because I do not have the resources.
The person from the competing firm, of course, tried to get me to share information which I was not yet (and may never be) prepared to share. They also (perhaps unwisely) shared with me a secret that I'm positive my former employer would like to know -- a chink in his armor that he won't be aware of until it is too late.
I'm now being told by my company's owner that I won't be asked to sign anything when I pick up my final check(s)...but I still have some questions:
1) Most states (Indiana included) seem to require the employer to provide, when requested by certified letter, a written statement that contains the date and stated reason for termination. Was my employer supposed to notify me in writing of my termination, and if they have not done so, can I contest the date stated on the letter in order to get additional pay? Does it matter at what point I request this letter? ("Statute Of Limitations", before or after I pick up my final check/severance, etc.?)
2) One of the reasons I want to know #1 is that, I would like to be in a position to be able to negotiate my severance. My job responsibilities and title changed after I signed the contract. Therefore, I am in possession of an infinitely larger amount of confidential information than either one of us could have imagined at the time the employment agreement was signed. I would consider rejecting my severance and making a counter-offer if I knew that the amount guaranteed to me in my contract would be given to me either way. I don't think I can really know that until I have #1 (above) in writing, because all they would have to do is change their mind about why they're letting me go.
3) I have a very broad and (arguably) restrictive non-compete. I have no resources to try to fight it. In a perfect world, I would like to negotiate a change to it under #2 above, but...realistically, is this something I could try to have changed by a judge without the assistance of an attorney?
4) Also regarding #2 above, is there any legal problem (blackmail, etc.) with trying to use the information I gained while conversing with my competitor in order to negotiate a better severance package with my former employer?
Any answers to any of these questions and/or general thoughts about the situation would be appreciated. I probably sound like a troublemaker...but I'm really just ill-prepared for being without a job right now, financially, and due to changes in my industry will probably be without one for some time.
I was recently terminated from my job of 9 months. When I was hired, I signed an employment agreement that included a 1-year non-compete, a confidentiality agreement, and 3 weeks' severance provided I was not terminated for gross misconduct.
When I was fired, I was told -- in essence -- that they would show my termination as 'without cause' (allowing me to collect me severance) as long as I "didn't cause any trouble". They also told me that I would be required to sign something when I picked up my final check/severance.
I was called by a competing firm within an hour of my leaving the building. Had that not happened, I probably would never have thought about fighting my non-compete...though it most likely is a moot point because I do not have the resources.
The person from the competing firm, of course, tried to get me to share information which I was not yet (and may never be) prepared to share. They also (perhaps unwisely) shared with me a secret that I'm positive my former employer would like to know -- a chink in his armor that he won't be aware of until it is too late.
I'm now being told by my company's owner that I won't be asked to sign anything when I pick up my final check(s)...but I still have some questions:
1) Most states (Indiana included) seem to require the employer to provide, when requested by certified letter, a written statement that contains the date and stated reason for termination. Was my employer supposed to notify me in writing of my termination, and if they have not done so, can I contest the date stated on the letter in order to get additional pay? Does it matter at what point I request this letter? ("Statute Of Limitations", before or after I pick up my final check/severance, etc.?)
2) One of the reasons I want to know #1 is that, I would like to be in a position to be able to negotiate my severance. My job responsibilities and title changed after I signed the contract. Therefore, I am in possession of an infinitely larger amount of confidential information than either one of us could have imagined at the time the employment agreement was signed. I would consider rejecting my severance and making a counter-offer if I knew that the amount guaranteed to me in my contract would be given to me either way. I don't think I can really know that until I have #1 (above) in writing, because all they would have to do is change their mind about why they're letting me go.
3) I have a very broad and (arguably) restrictive non-compete. I have no resources to try to fight it. In a perfect world, I would like to negotiate a change to it under #2 above, but...realistically, is this something I could try to have changed by a judge without the assistance of an attorney?
4) Also regarding #2 above, is there any legal problem (blackmail, etc.) with trying to use the information I gained while conversing with my competitor in order to negotiate a better severance package with my former employer?
Any answers to any of these questions and/or general thoughts about the situation would be appreciated. I probably sound like a troublemaker...but I'm really just ill-prepared for being without a job right now, financially, and due to changes in my industry will probably be without one for some time.
