View Full Version : Employment agreement
Does my previous employer have a leg to stand on in court if he decided to sue me for “unfair” competition after my employment has been terminated?
http://www.wiredmayhem.com/public/contractletter.JPG
http://www.wiredmayhem.com/public/contract1.JPG
http://www.wiredmayhem.com/public/contract2.JPG
http://www.wiredmayhem.com/public/contract3.JPG
http://www.wiredmayhem.com/public/contract4.JPG
Moddy
05-15-2005, 08:18 PM
OMG! :secret:!!!!!!1
edit: yes, you're fucked.
another edit: Wait, so you're not allowed to set up any other wireless networks? AHHAHAHHAHAHAHAHHHAHHAHHAHAHAA
I had a similar experience. I used to help out with this LAN party once.......wait - nm......
Originally posted by The Modfather
OMG! :secret:!!!!!!
Lots of them too. :scared:
Moddy
05-15-2005, 08:20 PM
post updated
Originally posted by The Modfather
another edit: Wait, so you're not allowed to set up any other wireless networks? AHHAHAHHAHAHAHAHHHAHHAHHAHAHAA
Thats what he thinks...
Defiant One
05-15-2005, 08:29 PM
Simply do any future network setups according to the instruction manuals provided w/the equipment. Let shocking.com PROVE that you infringed upon trade secrets, without infringing on your clients' privacy.
fishmonger
05-15-2005, 08:33 PM
Originally posted by The Modfather
edit: yes, you're fucked.
I don't believe that. The agreement is sufficiently broad that it effectively would keep him from working in his chosen field (IT) forever. There's not even a time limit on it! What a crock of shit. That's about as non-enforceable as any I've ever seen. You work for $10 an hour. What possible trade secrets could you have that are valuable enough to bar you from earning a wage? Answer: none.
They'd have a very, very hard time doing anything to you (other than wasting your time).
As always, IANAL, but I did sleep at a Holiday Inn.
My advice: Fuck him, and if he pursues it, lawyer up with someone with experience in labor law
fishmonger
05-15-2005, 08:36 PM
Reading material:
http://www.google.com/search?hl=en&client=firefox&rls=org.mozilla:en-US:unofficial&q=are+non+compete+clauses+enforceable&spell=1
http://www.kkrlaw.com/articles/noncomp.htm
http://midcareer.monster.com/articles/movingout/noncompete/
http://www.toolkit.cch.com/text/P05_5750.asp
from that final link
While some consider noncompete agreements an effective way to protect the business's time, money, and resources, such agreements are difficult to enforce and are not looked favorably upon by many states' courts because they restrict an individual's choice of employment.
If you read the rest of that link, you'll realize that the non-compete you signed is about as far from what they deem 'enforcable' as possible.
Anasazi
05-15-2005, 08:38 PM
Unless they can prove anything they don't have shit.
fishmonger
05-15-2005, 08:41 PM
Originally posted by Anasazi
Unless they can prove anything they don't have shit.
What's there to prove? Installing commodity wireless hardware certainly isn't secret.
I think that guy is a dick, full of shit, and should be ignored henceforth.
fishmonger
05-15-2005, 08:45 PM
Link that is more on point in CA:
http://www.chrisepting.com/admanEx1.htm
From what I'm reading, you'd only be in trouble if your ex-employer can prove that you sold or transferred trade secrets to your new employer. That seems extremely unlikely.
FAngel
05-15-2005, 08:47 PM
Unless they we're doing something that was "summerly diffrent" than any other wireless company, then I believe you are fine.
Fyi, Disclaimer, the opinion listed above, and any opinions on the FLG site are personal opinions are do not reflect legal advise, if in doubt please contact your attorney.
Defiant One
05-15-2005, 08:49 PM
Originally posted by fishmonger
I think that guy is a dick, full of shit, and should be ignored henceforth.
My opinion too, however eloquently stated.
Poncho
05-15-2005, 08:49 PM
Originally posted by fishmonger
I think that guy is a dick, full of shit, and should be ignored henceforth.
He may be a dick....he may be full of shit....but he SHOULD NOT be ignored. Does he have a case that could win, maybe not. But does he have a case that could be taken to court......absolutly. The reality is that you can sue anybody in this fucked up state. Bottom line is that this is a situation that could easily cost you 10's of thousands to defend, not to mention the cost if you don't spend the money to defend yourself and lose. You have to ask yourself if it is really worth it. You might want to consider working in a different field for a while till the douchebgag loses intrest. Fucked up yes....but might be the best thing to do.
fishmonger
05-15-2005, 09:02 PM
Originally posted by Poncho
He may be a dick....he may be full of shit....but he SHOULD NOT be ignored. Does he have a case that could win, maybe not. But does he have a case that could be taken to court......absolutly. The reality is that you can sue anybody in this fucked up state. Bottom line is that this is a situation that could easily cost you 10's of thousands to defend, not to mention the cost if you don't spend the money to defend yourself and lose. You have to ask yourself if it is really worth it. You might want to consider working in a different field for a while till the douchebgag loses intrest. Fucked up yes....but might be the best thing to do.
By "ignore him", I mean just don't respond and hope he loses interest. By no means should you ignore legal action on his part. And Poncho does have a point; a defense could cost you a significant amount of money. So you should consider that.
And of course, none of us are lawyers.
HOWEVER, I know that Intel doesn't even bother trying to enforce their "non-competes" in the USA most of the time, even in cases of highly-specialized engineers who have moved to directly competing companies. They're just too hard to enforce for it to be worth their while.
//edit: I didn't even read the first letter. It doesn't sound like he's considering litigation; he's just reminding you not to go telling the competitor about what his company's strategy is, etc. He appears worried about competitive disadvantage, not the nuts & bolts part of the job. Doesn't sound like much to be worried about.
I guess I didnt include the fact that I'll be the CTO of the corp that will compete with him.
btw thanks for all the replies.
Gremlin
05-15-2005, 09:46 PM
Originally posted by cyan
I guess I didnt include the fact that I'll be the CTO of the corp that will compete with him.
Eh I think that changes everything.
Area51_FLG
05-16-2005, 05:08 AM
Dave:
Non-Competes are illegal in CA. I get these all the time. Got a really tasty one from XO when I left. I of coursed LMAO. IMHO, the bottom line is this:
If you took exact plan designs, marketing plans, Sales Strategies and shit that like that and gave them to your new employer or started your own business with it, and he could prove it, you would be liable to some extent. The fact that you are going out on your own to start a similar business is your own business. You can not be held hostage by an employee agreement. They cannot prevent you from earning a living, especially in a trade that you have spent allot of time in developing.
That agreement is to protect employers from have there proprietary information shared with competitors. And in the interest of intellectual property, it does hold some water. The simple fact is if you want to start your own business in IT, Wireless, whatever, you are free to do so. I would recommend 2 things though.
1. DO NOT target or sell to EX-Shocking customers for a minimum of 6 months
2. Get a copy of the agreement you signed and have any new employee you hire sign it. Like I said, it does hold some water.
Other than that, "Party on Garth". It's a BIG city and there are lots of people that need wireless service up in Chico. Good luck with that new venture.
P.S. There are allot of " Contingency Lawyers" out there that will take your case for about 50% of whatever is collected. Don't be scared of your ex-employer and don't be held hostage by there actions. You have every right to create your own successes, but know that sometimes you have to fight..........for your right....... TOOOO PPPAAAARRRTTTTTYYYY!!!"
Sorry, I was typing that and Beastie Boys just popped in my head. But you know what I'm saying
P.S. The views expressed here are the opinions of Mike Murray and do not represent the opinions of others. They are based on personal experiences.
Sex Fruit
05-16-2005, 09:35 AM
After reading the first letter it sounds more like a reminder note not to divulge the trade secrets. I dont sense implicit threat in the letter.
JerseyGirl
05-16-2005, 02:58 PM
NOTE - This is just my personal experience from NJ...
I had an attorney look over my non-compete agreement before I signed it and he told me that it was just a formality. He said that it's highly unlikely that the company would spend money on someone to track my activities to gather the evidence required and then to drag me into court.
My non-compete says that I can't work for competitors or any of our customers - that leaves me with Slurpy Heaven and cleaning elephant dung.
But on the other side of this, your old employer can contact your new employer and tell them to let you go. This happened to someone I know. He went to a competitor and my company threatened a lawsuit. The new company didn't think the guy was worth the money to defend his employment so they let him go.
Just my two cents :)
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