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non compete issues from former company

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1 non compete issues from former company on Fri Nov 21, 2014 1:13 am

Leigh9teen


Arresto Menor
Really need your help! I have recently filed for early retirement as I badly needed money and have taken my well deserved rest after 13 years of work. in my comapny, non compete is something the management decides on if you have resigned and if reason of resignation is because you are transferring to a direct competition (done basically by showing them your offer from the competition). in my case, there was no offer and it was an honest early retirement. however due to the account I was handling with them, I was advised, on my last day, that the management is thinking of activating a non compete clause of 6 months despite having no offer from any company. my former boss who is currently connected with a competition has learned that I have resigned and made me an offer I cannot resist. it will now be a month since my last day and I have never been contacted by my old company's HR to discuss the said non compete clause. I have also not received compensation after leaving them, which I believe would signify that I am actually on non compete. I also cannot remember signing a noncompete clause, however, I do remember attending a general meeting where they discussed the non compete process, where we were told that our signature on the attendance sheet signifies that we understand it. I am a single mother and the income I will get from the new company will help very much in raising my toddler. please please help advice what I should do. I am to start with the new company on December and I fear my ex-company will file charges against me. thank you!!!

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2 Re: non compete issues from former company on Fri Nov 21, 2014 1:18 am

Leigh9teen


Arresto Menor
to add.. I'm afraid I won't get my retirement and last pay due to this.. what should I do? thank you!

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3 Re: non compete issues from former company on Fri Nov 21, 2014 1:05 pm

myst01


Arresto Mayor
Better secure the serviced of a personal counsel ma'am.. it would be very nice and easier po if you could secure a copy of those documents that u signed including a copy of the company policy containing that "non complete clause" that you spoke of for the laywer to study and for him to know what legal action to take.. there are too many vague facts po..

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4 To Clarify on Fri Nov 21, 2014 1:56 pm

karl rove


Reclusion Perpetua
what do you mean by the clause "non-compete" as applied to your former company?

I want to assist you..but i want the facts clarified..

lets talk

karl rove

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5 To Clarify on Fri Nov 21, 2014 1:56 pm

karl rove


Reclusion Perpetua
what do you mean by the clause "non-compete" as applied to your former company?

I want to assist you..but i want the facts clarified..

lets talk

karl rove

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6 Re: non compete issues from former company on Sat Nov 22, 2014 11:22 pm

Leigh9teen


Arresto Menor
Thanks so much sir Karl rove, the non compete clause basically just forbids me to work for a direct competitor for a certain period of time after my separation from my previous company. the hr has finally gotten in touch with me and has set for a meeting on Monday. This noncompete clause is also very vague to me as we have not discussed anything yet. By Monday, i will push them to give me a copy of my contract and can hopefully give you clearer explanation. I am resolved not to sign anything they would want me to sign now. will get in touch by then. Would appreciate any tips on how to handle this upcoming meeting.thanks again!

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7 Re: non compete issues from former company on Mon Nov 24, 2014 10:07 pm

Leigh9teen


Arresto Menor
Hello Sir Karl, meeting pushed through thus morning. Conclusion:

1) I am being asked to sign a noncompete affidavit for 6 months which I did not sign. I also refused to receive the cheque which us supposed to compensate me for the duration.

2) the company has confirmed that my contract does not include the noncompete clause

3) I have been shown our company policy re noncompete where it states that any employee is not allowed to work for a direct competitor for one to 6 months after separation from the company. This policy was drafted in 2011, I was still employed by them then. Any breach would mean that the company will bring it to legal.

What should I do? I need to start with my new company by Monday. Thank you!!

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8 Re: non compete issues from former company on Thu Nov 27, 2014 7:45 pm

attyLLL


moderator
a non-compete clause should be included in an employment contract, not a mere policy.


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9 Re: non compete issues from former company on Fri Nov 28, 2014 10:33 am

Leigh9teen


Arresto Menor
Thank you for clarifying attyLLL Smile now I cab start working without fear. God bless!

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10 Re: non compete issues from former company on Fri Nov 28, 2014 2:59 pm

karl rove


Reclusion Perpetua
Considering the absence of a non-compete clause at the time you were hired, til your retirement, any activation of the clause, would be an infringement on your right to property and labor should mgmt insist under threat of legal action.

My advise: ignore the imposition of mgmt and avail of the opportunities extended by a new employer.

Karl Rove

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11 Re: non compete issues from former company on Sat Nov 29, 2014 10:29 pm

Leigh9teen


Arresto Menor
Thank you sir Karl rove Smile

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12 Re: non compete issues from former company on Thu Jul 16, 2015 4:26 am

lizel


Arresto Menor
I have a non compete clause with my previous company. A period of 1 year after separation from the company. I am not on my 8th month apart from them and planning to establish my own firm the same industry as theirs. Will I be sued or am I limited to do what I want because of this clause? Appreciate your response.

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