Should My Daughter Seek Legal Counsel?

Where I used to work this came up not infrequently, and the company's legal office would handle it on behalf of the new employee. I'd certainly talk to them first if it could result in not having to pay out of pocket. Worst that could happen is they say "Sorry, you're on your own."
 
Dog, if you must go all mother bear, don't get caught doing anything rash. Remember to breathe, that's very important.

That said, this kind of stuff really grinds my gears. Good luck to your family.
 
Bestwifeever said:
I would bring that communication to my boss's attention right away and then decide about talking to a lawyer on my own. Tell her it's a compliment that former company sees her as a threat.
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+1

Bring it to her boss attention, who knows, they could at least recommend
a good attorney
 
Dog, I hope your daughter retained a "bull dog" of an attorney, the best employment lawyer around.

Not sure about telling her current employer. She is probably the best judge of whether or not she wants her current employer involved.

If things are as you say, one good detailed and threatening letter from her attorney should do it. (including potential counter claims if they exist)

As another said, the best defense is a better offense.

Let us know how this turns out.
 
I'd also drop a dime to the state's labor department about them not making payroll. Everytime they sent me a letter or pushed the issue in any way, I'd contact the labor department about another offense. Assuming you have the proof (bank statements, copies of checks, paystubs etc)...

Sucks, sounds like the old company is a bunch of turd balls. And bullies who like to manipulate their employees...
 
Big_Hitter said:
I'm not sure working for a competitor is enforceable - you have to be able to make a living. We have noncompetes as well but they don't prohibit you from working.
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It is enforceable within limits... that is why you need a lawyer...
 
I did not read all the responses... first.. get a lawyer, fast!
By your descriptions, I'm not sure the 2 companies don't play in some of the same areas. As for company lists... you don't need a written list to be in the wrong. It is too easy to remember who you've used before without thinking about it.

Get a lawyer familiar with this part of the law

Figure out if DD signed something with the new employer that says she has no remembrances... like this agreement. This is what they are looking for. She could be in trouble with them. It is best to work these out when you get a new job, not after. You can put them at risk... which will put her more at risk potentially.

I hate to say this... use this as a learning experience with DD... know what you sign. I had these where my previous company
owned all the inventions and improvements for 1 year following my employment if they related to anything the company was working on. talking mega company here.
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Didn't matter if I had worked on it at the previous company... or that I got laid off (facility closure)

The other thing to note, all things in these agreements may not be enforceable. Get a lawyer.

I have seen companies not hire people until these agreements were worked out.

All my employers had these agreements. Some narrowed the context of them to a somewhat limited area. But most would prevent you from going to someone they saw as a competitor.
 
Definitely need a lawyer. Since they've included the new employer, needs to be brought to their attention.

My nonlegal opinion is that a restrictive covenant for low paying job is not enforceable. The two year period for not working for competitor is also excessive given her pay.

I'm worried that she might have access to list of some type. Or they have proof.

It does sound like the companies are in the same business.
 
target2019 said:
Definitely need a lawyer. Since they've included the new employer, needs to be brought to their attention.

My nonlegal opinion is that a restrictive covenant for low paying job is not enforceable. The two year period for not working for competitor is also excessive given her pay.

I'm worried that she might have access to list of some type. Or they have proof.

It does sound like the companies are in the same business.
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The term "low pay" is not really well defined (or I missed it). Was she salary or hourly. If salary, did DD have the rights afforded a salary (exempt) employee? (most don't). Did they (old company) check the hours she worked? Some companies like to have exempt employees because they don't have to pay overtime. From the OP description, I assume DD was exempt... but bad to assume.

OP look at this
 
1. No serious lawyer communicates with an email.. A touch of harassment is all it is. Under no circumstances respond in anyway.
2. Talk to a lawyer ...you'll sleep better.
3. I believe non competes are difficult to enforce..
4. Inform the boss


Sent from my iPad using Early Retirement Forum.
 
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2017ish said:
ftfy. :)
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No problem... but I would think that would be within limits....


It also matters (again, in some states) if you were paid for that non-compete.... When I was doing trustee work there was a company that would buy up small businesses in many states... almost all of the agreements would have a price for the business... a salary for the main person for a few years and a non-compete section where they were paid... the payments were between $100K and $1 million.... and these were 10 year non-competes....
 
Dog said:
Last week she received an email from her former boss (CEO/owner) asking if she had accepted employment with a competitor reminding her that she had signed an Employee Confidentiality and Non-Compete Agreement in 2006. She chose not to respond to the email as she did not want to have any contact with him or the company going forward.
Today she received an email from the company's attorney with a letter attached asking her to review and respond. They are accusing her of:
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Dog, non-compete agreements are valid. If your DD signed one, and it is legitimate, she needs to comply with the terms. That said, non-compete agreements do not mean someone cannot work, and what constitutes "compete" requires careful consideration. An employment attorney can help a great deal in situation like this.

It would be interesting to see if her former employer can produce the original signed agreement. Many companies don't have files in that good order.
 
I would say yes. And as others advised, inform the current employer.

And have her atty. include a demand for the former employer to pay her legal cost, at a minimum. I would pursue all claims for unpaid wages, etc. Real rat bastards run some companies, and they need a dose of their own crap.

Goes to show, good deeds sometimes backfire( working hard for a bad employer )

What a bitter pill.

Me, I would have a nice phone call to the former CEO, questioning the " pedigree " of his mother , among other things, but I sure don't recommend that to others.
 
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rayinpenn said:
1. No serious lawyer communicates with an email.. A touch of harassment is all it is. Under no circumstances respond in anyway.
2. Talk to a lawyer ...you'll sleep better.
3. I believe non competes are difficult to enforce..
4. Inform the boss


Sent from my iPad using Early Retirement Forum.
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+ 1 All good advise IMO
 
Thanks all. She sent off documentation to an attorney this morning. We will see what happens next.
DD has cut all ties with the former company and has not contacted any of their clients/customers. No reason to. She hasn't "bad mouthed" her former employer. She just wants to put them behind her and move on with her life.
She now works for a company that designs:manufacturers circuit boards. The prior company is a third party vendor (sold parts, tools, solder, etc.) to manufacturing companies. They wouldn't have the same customers.
I believe it is possible they may have lost some clients when DD left as several confided in her that she was the only reason they continued to do biz with former employer (she jumped through hoops for customers and personally delivered product at times if they were in a bind). Last year one client pulled her into a meeting with their execs and offered her a job. She declined because she knew it would be a conflict. So it's possible her departure has cost them some clients. But that is not intentional on her part.
I can't tell you the number of times DD called me in tears due to the disrespect she experienced at her former company. She believed that by working hard and being loyal she would be respected and treated fairly (my fault...DH and I raised her that way). Unfortunately they took advantage of her and dangled carrots. My instinct is to have her attorney threaten them with harassment and emotional abuse, but DD just wants it over.
BTW, her new company has provided her with positive feedback, clear direction and training and is treating her well. She is "over the moon" working with people that respect her and behave professionally.

I will let you know how this turns out.


Sent from my iPhone using Early Retirement Forum
 
if ours said we couldn't work for a competitor I wouldn't sign it - no one else would either
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This is easier said than done. I know many people who feel this way, and without exception every single one DID sign, often consoling themselves with the belief that it wouldn't be enforceable. I have no knowledge of anyone who did not sign, and I personally know hundreds of people who did sign. In my acquaintance at megacorp, I know there are thousands who signed these. I have never heard even stories of a new hire who refused to sign.
 
growing_older said:
This is easier said than done. I know many people who feel this way, and without exception every single one DID sign, often consoling themselves with the belief that it wouldn't be enforceable. I have no knowledge of anyone who did not sign, and I personally know hundreds of people who did sign. In my acquaintance at megacorp, I know there are thousands who signed these. I have never heard even stories of a new hire who refused to sign.
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in "niche" consulting, we have no other alternative than to get a job with a competitor or hang a shingle - it is a very incestuous business

our noncompetes prevent people from stealing clients or employees, not making a living
 
When my company wanted me to sign a non-compete (and this was after I'd been working there a few years in the same job), I got creative >:D

They made the mistake of sending the document out as an MS Word document, so I simply changed a few words, printed it out and signed it, and kept an original signed copy. It's amazing how inserting 'not' or switching 'days' for 'months' will help your cause. I made sure the word wrap didn't change, so when I handed it to HR, they just stuck it in my file.

So if they had sent me something like what they sent the OP, I would send them a registered letter asking for a copy of the agreement I signed. When I got that, I'd say "But I did wait 18 days, as specified in the document!" It never came to that since they moved their operation offshore and sent me packing.
 
sengsational said:
They made the mistake of sending the document out as an MS Word document, so I simply changed a few words, printed it out and signed it, and kept an original signed copy. It's amazing how inserting 'not' or switching 'days' for 'months' will help your cause.
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smooth move! love it....
 
To consult an attorney is the right choice. When she was hired by the "old company" she was promised certain benefits (including health care what they canceled) as well as they had to give her the job description (what they most likely did not follow by requesting her performing of various other employees duties). An attorney should exploit it.
 
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