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resignations and no compete

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ridlmeths1

Guest
What is the name of your state? Texas

Can an employer make someone sign a no compete when they resign. I didnt sign one when I was hired. No severance package has been offered. I gave two weeks notice and the response has been "ok, well, best of luck to ya..." No attempts on their part to work out any issues I may have with management have been made. But when the owner heard I planned on starting my own company which might provide some of the same services I have been performing on his behalf for the past three years, he called me into his office to tell me good luck and he wants "something in writing" saying I wont call on his customers and he will "get something drafted up". Does this sound rediculous to anyone else? I think he plans on trying to withhold my final paycheck tomorrow until I sign a contract stating a I wont do a better job working for myself than I did for him.
 


Beth3

Senior Member
Yes, it's ridiculous. There's nothing that would prevent an employer from asking a departing employee to sign something like that and nothing that would prevent a departing employee from being dumb enough to comply but of course you have no obligation to sign ANYTHING you don't want to.

If your employer threatens to hold your final paycheck if you don't sign, then tell them very pleasantly you'll be very happy to call your State's Department of Labor as soon as you get home and tell them your paycheck is being held hostage by your former employer. That ought to change your employer's mind.
 
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ridlmeths1

Guest
Thank you. I thought it sounded ludicrous. Aside from the fact that he is going to try to with hold my paycheck, which is money he OWES me for my services the last two weeks, the idea of a no compete contract is laughable anyway. If I am as inept and dishonest as he has all but accused me of being, why in the world would any of his customers even consider calling on me? He should be relieved I am quitting. All his problems are solved now...:)
 

Beth3

Senior Member
Just be careful not to specifically go after their clients and do harm to their business. Honest competition is fair game but you don't want to target your ex-employer's business and end up at the end of a lawsuit for tortious interference or a similar cause of action.
 
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ridlmeths1

Guest
Thank you for the advice. I have no intention to specifically go after his clients or do harm to his business. I do intend to advertise my services though. If some of those who answer my ads happen to have been his clients, am I supposed to refuse service to them? Because the last time they had a problem, my previous employer was the one who fixed it? Please! None of the customers I have serviced were ever dissatisfied with my work and most of them have my home telephone number. If they call me when they break down, I will still provide them the same service I always have. I'm just cutting out the middle man in those instances, I guess, and he isnt going to be happy. Trouble is, he wasnt happy when he WAS involved.
 

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