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No Compete-

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A

AtLast

Guest
What is the name of your state?CO

I am in a situation where I was I was formerly employed by a automotive enthusiast. I was introducted to him vaugly, laid of from my job, then via a variety of channels, I was informed he could use help. He agreeed to hire me under the table and, without a job at the time, $10 a hour was certainly better than nothing. About 2 or 3 months after I began to work for him, I was offered a ligitamate job, where benifits and whatnot would be offered. It was a great interest to me to work in the Automotive field online, and I asked if i coudl work part time or on the weekends. As it turns out, my employer is very familiar with the internet and how to set internet oportunities up and sell product via a website. After doing some research online, I eventually was able to create a website and begin to market products. I had intruduced my automotive empoyler to a particual forum, and marketed some products online for him before I gave my unwritten 2 weeks notice. While I was there, I was told to sign a non-compete agreement. A rather complex (4 pages) agreement. thinking nothing of it at the time, I eagerly signed and went on to the next thing I was doing. Now, I have been in business online for 10 months, and 2 moths ago, I was contacted by Council for my previous employer and was told I was in violation of my signed agreement. Also, I had made a general opinion on a message board, reguarding - his practices. He sold his parts from his home, and claimed to offer professional installation. I have seen some rather troublesome installs, anything that was at all dificult he outsourced. I made the optioned statement when a former customer down at his location posted a comment about having a different professional (not my business or my former employers) installing a rather technical install. Under my screen name, I posted a statement basically asking him why he did not choose my former employer and asking if he though it was too much for him. I also obtained from a different site, a picture of a vechile owned by my former employer where he was driving and his wheel fell off his car. Under a link, I posted a pic of the car, although I made sure it did not actually say the name of the company he owns.

I am now being threatened to be sued for:

Libeous statements agains his comany- violating a noncompete agreement. When I finally recieved a copy of this agreement, it says there is a 5 year term. Is that reasonable on the internet? Can I be sued for being Libel?
Thank you for Any help!
 


A

AtLast

Guest
Another question I have, is why would the state uphold his case and protect him when he did not pay associated employment taxes?
 
Wow..

Okay, you've got all kinds of problems here and I think you really need to hire an attorney to sort it out.

First, because he paid you under the table, you were not technically an employee but more of a sub-contractor. The typical "non-compete" agreement rules that an employee may sign probably don't apply here. You've got more of a contract between two companies. So...while 5 years is excessive for an employee non-compete...it may not be for a contract between companies.

Second, libel and slander are two different things and you may be guilty of one or the other, especially in light of the contract between you.

So, my advice is get a lawyer...if you can't afford one, stop what you're doing. In this case, he who has them most money to spend on attornies will probably win...
 

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