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supervisor leaving signed no contest to take employees of company

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angel07

Guest
What is the name of your state?Texas
My supervisor is leaving, I am her assistant. I love working for her, she's great and understanding. She signed a no contest agreement when hired that she would not take any current employees of the company with her if she left the company and went to a new one, for 6 months.

The new supervisor has his own assistant in his current office and hasn't said so, but I get the feeling he wants to bring his assistant from his office at a different location with him to this new location.

If both parties want to take their current assistants with them, will my supervisor face legal action if she takes me to her new company before the 6 month period ends? Would I have to be fired or laid off for her not to face legal action? Is there a great possibility the company I work for will not check to see where I'm going to work? My supervisor has already left, so what if I wait a month or so then go?
 


cbg

I'm a Northern Girl
The answers to ALL of your questions depend on a combination of your state law and the EXACT wording of the agreement she signed. Since we have not seen the agreement, we cannot answer your questions.
 
A

angel07

Guest
In addition to the above, my new supervisor came in and had a meeting with me and made me feel very intimidated as far as what he expects of me. From everything I've read on this website all is within the laws, though I feel the environment is now hostile due to all the changes that will take place. His expectations of me are above and beyond my job description. For example, he tells me he will be like a "business husband"to me because his memory is bad and I will be his memory for him, he wants me to take on additional responsibility as if he wants me to make supervisory decisions on my own without "bothering him" where essentially my job could be at stake, yet he looked at all my reports to be turned in to upper management and questioned everything I am doing and asked me if I was sure this is how it done according to company policy, he knows the labor laws, but that he encourages me working on my lunch hour, eatting at my desk and if I do so, of course I am able to leave early. He says I will now be working in a fast paced environment and things will be changing from how they have always been done. He used profanity, not to me but more of a statement of being stressed and under pressure. All the employees now feel the tension and the whole atmosphere is not a happy one.

Do I have any labor law issues that I can address with human resources? I do not feel I can go to my supervisors supervisor because my supervisor is "great" and can do no wrong.

One of his employees at his current location is now calling me as if he is my best friend asking me questions of how our meeting is going and making comments about the new supervisor that I feel is working with my supervisor to intimidate me and make me quit my job. I have been there 14 years and feel very insecure in my employment and with my new employer. What are my rights? Can they run me off, so they don't have to fire me? I do feel all my work will be questioned and my ability to do my job so that if I don't quit I will be fired, or I'm being set up to make decisions that will get me fired.

Can this be considered a "hostile environment" or "harrassment" even though there were nothing sexual about it at all?

It is obvious he wants to make my life a living "hell" so that I will quit so he can bring his current co-worker/assistant with him.
 

cbg

I'm a Northern Girl
Unless you are being subjected to either sexual harassment or illegal discrimination under Title VII (race, religion, national origin etc.) then you do NOT have a hostile work environment no matter how unfriendly the atmosphere.

Neither Federal law nor Texas law requires that they give you a lunch break at all. As long as they either pay you for working through it or let you go home an equivalent length of time early, no laws are being broken.

You have not mentioned anything that is illegal. If they want to fire you to bring in someone else they may legally do so, as long as it is not BECAUSE OF your membership in a group protected by law (Title VII as defined above).
 
J

jerzeegirl

Guest
Just a question...

Angel07, is your being terminated from your current employer and then going to your former supervisor's new place of employment the same as your former supervisor "taking you with her?" If after 14 years, you've made up your mind to leave anyway and you have another job available to you with your former supervisor, I'm wondering why you haven't just told your new supervisor that you have the impression he'd prefer to have his former assistant working with him, and in the event you're correct, you'd be open to a lay-off. If that upsets him and you're shown the door, then doesn't that solve the situation for everyone? I'm not trying to be flippant about this, but I'm guessing you're worried that the position with your former supervisor won't be available six months from now, and that you need to make your move now. If there's no time crunch, I'm betting you can do anything for six months, including whatever he throws at you. Plus, there's no guarantee he won't come in one morning and decide to give you notice before then. Good luck to you!
 

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