hardstarburst
Junior Member
Missouri- however the company is based in Illinois and is registered as a Delaware Corporation...
So I'm getting a bit of a strange feeling on this one. I was separated from an employer some months ago and are subject to the terms of a non-compete agreement. I finally found a prospective employer that did not immediately disqualify me when I revealed the existence of the NCA. In the process, the prospective employer asked who at the previous employer they could contact to discuss the NCA. Initially, I indicated that I could not consent to that, because of certain language in the agreement regarding confidentiality, but finally consented to the contact being made after obtaining a legal opinion that this third party prospective employer had reason enough to be informed of the terms of the NCA. The part that bothering me is that I have my former employer speaking to a prospective employer, and I have not even a clue what is being said. I asked for an update from the prospective employer, all they told me was the former employer "hasn't said yes, but they also haven't said no". To say I'm feeling a bit left out is somewhat of an understatement. I'm in critical condition right now, this is a HUGE deal for me and I'm just flabbergasted that the people that cut me are now once again in a position to break me. From a purely logical business standpoint, it would not be in former employer's interest to have me out working for a competitor in the same geographic area, even if not calling on their customers, calling on customers and taking business that COULD potentially be theirs. Former employer went to extraordinary means to make sure it was known I was not cut due to performance- which tells me they intend to enforce their interpretation of the agreement. SO now what? if prospective employer decides not to extend an offer, can I conclude it was because of something previous employer said? Do I have any rights to any of the information or to know what the discussion was, or to have a copy of a recording if one was made? I'm happy that the prospective sees enough to take the trouble to go through the process, but I feel like it's not right that I have to be given approval from an employer that cut ties with me. And what about the prospective employer? do they have any obligations here to be forthcoming and reveal what information was used in their decision? From the research i've done, it appears with the NCA thing becoming more and more common, this situation is becoming more common. What rights and protections if any, does someone in my shoes have?
So I'm getting a bit of a strange feeling on this one. I was separated from an employer some months ago and are subject to the terms of a non-compete agreement. I finally found a prospective employer that did not immediately disqualify me when I revealed the existence of the NCA. In the process, the prospective employer asked who at the previous employer they could contact to discuss the NCA. Initially, I indicated that I could not consent to that, because of certain language in the agreement regarding confidentiality, but finally consented to the contact being made after obtaining a legal opinion that this third party prospective employer had reason enough to be informed of the terms of the NCA. The part that bothering me is that I have my former employer speaking to a prospective employer, and I have not even a clue what is being said. I asked for an update from the prospective employer, all they told me was the former employer "hasn't said yes, but they also haven't said no". To say I'm feeling a bit left out is somewhat of an understatement. I'm in critical condition right now, this is a HUGE deal for me and I'm just flabbergasted that the people that cut me are now once again in a position to break me. From a purely logical business standpoint, it would not be in former employer's interest to have me out working for a competitor in the same geographic area, even if not calling on their customers, calling on customers and taking business that COULD potentially be theirs. Former employer went to extraordinary means to make sure it was known I was not cut due to performance- which tells me they intend to enforce their interpretation of the agreement. SO now what? if prospective employer decides not to extend an offer, can I conclude it was because of something previous employer said? Do I have any rights to any of the information or to know what the discussion was, or to have a copy of a recording if one was made? I'm happy that the prospective sees enough to take the trouble to go through the process, but I feel like it's not right that I have to be given approval from an employer that cut ties with me. And what about the prospective employer? do they have any obligations here to be forthcoming and reveal what information was used in their decision? From the research i've done, it appears with the NCA thing becoming more and more common, this situation is becoming more common. What rights and protections if any, does someone in my shoes have?
