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Discussion Starter #1
I think some might remember me asking about no compete agreements a while back. Here's a short version.

About a year and a half ago, I left the company I was working for as a service technician for a sales position at a competitor. Couple days later I was mailed a copy of my no compete and told that even though I was never in a sales position, they were going to hold me to my no compete agreement (which is for sales people) now that I wanted to be in a sales position for a competitor. (They could not provide me with a sales opportunity where I was) Went to a lawyer and spent a good sum of money to find out pretty much I was fucked.



Couple months ago after they decided they were closing the office (which is why I was leaving) the inside sales guy got fired, and the outside sales guy quit. Both went to work for competitors and nothing even mentioned about a no compete to either one.


Would there be any way of filing any kind of claim for that? Why stick it to the service guy, and not give the same treatment to guys already involved in sales?




Just FYI, my no compete is up in February, I could just go to the competitor I was originally going to work for and bury those fuckers. But, figured I would see if there would be any legal recourse also....maybe just to pour a little salt in the wound.
 

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Interesting I am under one as well and probably many people in the same position, curious to hear a reply from a legal professional.
 

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Must have been a solid non-compete. I'm in DFW as well and I've always been forced to sign one, however upon legal review each time they are so full of holes I've never had to worry about it and have them dismissed if anyone has tried to enforce it. My last company try to enforce it but was shown the door by my legal advisor.

I've never had a problem beating non-competes. I'd like to read the one you signed that is giving you grief.
 

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R u sure the guys who left had signed non-competes?
 

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I have a recruiting firm and non-competes can be enforced if they are specific. Like if it says you cannot join a direct competitor and it goes so far as to list them. On the other end, it cannot say "You cannot do sales for any other company" that's not enforceable. And some say that you cannot directly solicit sales from customers you had with your old employer... It all depends.
 

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Discussion Starter #7
R u sure the guys who left had signed non-competes?

100% absolutley, you cannot work there without signing one anyway.
 

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Discussion Starter #8 (Edited)
Must have been a solid non-compete. I'm in DFW as well and I've always been forced to sign one, however upon legal review each time they are so full of holes I've never had to worry about it and have them dismissed if anyone has tried to enforce it. My last company try to enforce it but was shown the door by my legal advisor.

I've never had a problem beating non-competes. I'd like to read the one you signed that is giving you grief.

My legal counsel told me she had seen less stringent and less detailed non compete's on executives making over half a million. I was a fucking mechanic.



I'll see if I can dig up the copy I have around here somewhere. I could email it to you this weekend.....Pm me an addy
 

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Well if they are asking you not to work for any auto shop because you are a mechanic, ask them to pay for your retraining for another field of work. About the only real noncompete that gets enforced is if you solicite your old companies customers or clients, then you are up a creek.
 

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Discussion Starter #10 (Edited)
I have a recruiting firm and non-competes can be enforced if they are specific. Like if it says you cannot join a direct competitor and it goes so far as to list them. On the other end, it cannot say "You cannot do sales for any other company" that's not enforceable. And some say that you cannot directly solicit sales from customers you had with your old employer... It all depends.


What really sucks is I had been in the business I was in for over 7 years previous to joining with this employer. All of the customers I had with this company I already had a working relationship with prior to being employed by them. Everyone that has a business that is involved in this field has all the same customers. There isn't a shit ton of people that do this kind of work.

The field I was in was a very tightnit, very industry specific, job. Probably isn't 50 people in the US that knew how to work on this kind of equipment. Not that it was extremely difficult, just very machine specific ( you had to know how to work on it, how to diagnose it when it was not working correctly and what would make it wear out consumables abnormally or too fast)
 

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Discussion Starter #12
^^^WHO DAT?^^^
 

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I have gone through this several times, each time either the employer didn't show are the judge through it out. Texas is a right to work state. they are just giving you shit, they know most employees can't afford a lawyer
 

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Discussion Starter #15
I have gone through this several times, each time either the employer didn't show are the judge through it out. Texas is a right to work state. they are just giving you shit, they know most employees can't afford a lawyer

You did read the part where I spend a good sum of money with an attorney and they told me I was fucked right?


They also told me that being a right to work state has zero to do with a well worded non-compete.
 

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David, you know me and what I do. I have been offered several opportunities around the country over the years, and they all came with a non compete, most came with a non disclosure attached.... and some more stringent than that because of the industry I'm in. However, I do know that leverage is on your side based on your comments here in this thread. The key is if your previous employer is willing to pursue your particular contract when they are on their knees, then all it will take is a letter from your Attorney offering a formal rebuttal to their official complaint and you'll be good to go. Texas is a right to work state. Texas Judges do not fuck around. Based on your comments here in this thread you indeed do have a valid argument based on the laws as I know them here in Tx.

I have rewritten non compete contracts upon review. I have replaced entire contracts upon review. And I've told major players in my industry to kiss my ass before I submitted either in the past. Point is, in my non professional but relaible as a friend opinion... the leverage is on your side. What company on it's "last leg" is going to sue a past employee for breach of a specific non compete and ever hope to recover enough revenue to sustain that company through another 4 quarter business cycle?

As a friend and fan of your racing operation, not to mention your Pop's!!!! I say fuck' em. Let 'em sue you and see what a Judge has to say. And when they lose, let them pay your legal bills. Knowing what I know about the economy, the little I know about your industry, and your history professionally as a Technician for them...making repairs on equipment and other shit happen when they did not have a clue years ago... not to mention saving them gobs and gobs of cash along the way... I say fly them the bird!

When they send you a Summons, light your cigar with it while you sit on your patio grilling T-Bones!

g
 
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