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Lawsonmh15

Junior Member
What is the name of your state (only U.S. law)? Colorado

I'm here in Colorado and was terminated from a computer company for affirming I was owed commissions and only paid in part for my sales. Upon termination I was told that I would only be issued my final check providing I signed the "termination paperwork" which included a non-compete. With as bad as the economy has been, I was in no place to be further screwed out of pay so I complied.

Recently I began working for a competitor of the former employer and have been making calls based on the list I was given. Some of the accounts are current customers of the former employer and have reported back to him that I'm soliciting them and in return the former employer has threatened to sue.

My questions are:

Can an employer legally withhold my final paycheck until I agree to sign a non-compete?

Does this clown have a leg to stand on?
 


Mass_Shyster

Senior Member
Does this clown have a leg to stand on?
He can certainly file a lawsuit. The outcome is the question.

I don't think your lawyer would have a hard time showing duress if the date on your last paycheck is the same as the date that you signed the non-compete.
 

Beth3

Senior Member
Can an employer legally withhold my final paycheck until I agree to sign a non-compete? No.

Does this clown have a leg to stand on? Probably not but you should speak with an attorney and show him or her the document you signed.
 

Lawsonmh15

Junior Member
Can an employer legally withhold my final paycheck until I agree to sign a non-compete? No.

Does this clown have a leg to stand on? Probably not but you should speak with an attorney and show him or her the document you signed.
Here's the thing, I requested a copy of the signed document be mailed to my home and he informed me he would not do so unless he filed suit.

I requested copies of everything I signed at the time and his wife (office manager) said she was too busy to make copies right then but would mail them to my home later. She never did.
 

Beth3

Senior Member
I suggest you see an attorney anyway. Among other reasons, you want to forestall any attempts your ex-employer might make to cause legal troubles for you personally or with your new employer that might put your current job in jeopardy.
 

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