non-compete clause

[puzzled2009]

What is the name of your state (only U.S. law)? Florida
Hi,
I joined a ford dealership about 2.5 years ago. Soon I became a finance manager and signed a payplan with non-compete clause that 'I cannot work for 12 months and 50 miles with any competetors or affiliates competetors" if I choose to leave my job. This company owns 6 different brands of dealerships. Begining of this year I went back to sales floor, signed another payplan and then later was asked to join their chevy dealership as a finance manager. I signed another payplan with no non-compete clause in it. Soon this dealership lost its franchise with chevy and sales went down. I finally quit in october and found another job with different ford dealership. Before I could start my new job, the old dealership's attorney mailed my new job and me a letter stating that I am in violation of non-compete clause and should cease to work at my new job. I know that my last payplan with that company did not have any non-compete clause in it. Can they still force this on me and sue and make me loose my new job. If I dont clear this soon I wont have any new job. Please help !What is the name of your state (only U.S. law)?

 

[JETX]

Can they still force this on me and sue and make me loose my new job.

Can they?? Yes.
Will they?? Depends on YOU. What did they say when you asked them to show you the contract that they were relying on??

If the facts are as you claim and the LAST contract with that employer did NOT include the non-compete, then the earlier contract was made invalid when they entered into a new one with you.

 

[puzzled2009]

they havent answered yet.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Florida
Hi,
I joined a ford dealership about 2.5 years ago. Soon I became a finance manager and signed a payplan with non-compete clause that 'I cannot work for 12 months and 50 miles with any competetors or affiliates competetors" if I choose to leave my job. This company owns 6 different brands of dealerships. Begining of this year I went back to sales floor, signed another payplan and then later was asked to join their chevy dealership as a finance manager. I signed another payplan with no non-compete clause in it. Soon this dealership lost its franchise with chevy and sales went down. I finally quit in october and found another job with different ford dealership. Before I could start my new job, the old dealership's attorney mailed my new job and me a letter stating that I am in violation of non-compete clause and should cease to work at my new job. I know that my last payplan with that company did not have any non-compete clause in it. Can they still force this on me and sue and make me loose my new job. If I dont clear this soon I wont have any new job. Please help !What is the name of your state (only U.S. law)?

There's no way anyone can tell if the non-compete is still in effect without reading it, and whatever other agreements you have signed in the meantime.

You should gather them up and take them to see a local attorney.

 

[puzzled2009]

thanks
I did read both the contracts. the second one does not include non-compete. I hope they reply in time.

 

[JETX]

thanks
I did read both the contracts. the second one does not include non-compete. I hope they reply in time.

Wow... if you have already done all that, why did you ask us???

 

[Mass_Shyster]

thanks
I did read both the contracts. the second one does not include non-compete. I hope they reply in time.

Does the second one include any language that invalidates the first one?

 

[JETX]

Does the second one include any language that invalidates the first one?

Not relevant.
A second contract covering the same subject and involving the same parties simply nullifies the original agreement. You can't have two contracts about the same thing, with same parties, different terms.

 

[Mass_Shyster]

Not relevant.
A second contract covering the same subject and involving the same parties simply nullifies the original agreement. You can't have two contracts about the same thing, with same parties, different terms.

I wasn't aware that all six brands were sold by the same corporation.

ETA: Also, since I haven't seen any of the 'payplans' referenced, I can't tell if the second or third was simply a modification of the pay terms and left the other terms in place.

Maybe you are comfortable stating the OP doesn't need to have all of these documents reviewed by an attorney, but I am not.

 

[puzzled2009]

One parent company owns both the dealerships and both the contracts are signed by respective general managers. I wasnt sure if they can hold me responsible for the first one, since I signed that one first. But now it makes sense that they cannot give me two payplan contracts. thanks for your input, my new employer gave me couple of days to sort this out. If I dont here from them in 2 days I will have to get an attorney. thanks again