RetouchPRO

Go Back   RetouchPRO > Business > Legal Issues
Register Blogs FAQ Site Nav Search Today's Posts Mark Forums Read


Legal Issues Copyright, releases, likeness rights, licenses, etc.
NOT a replacement for professional council

Non-Compete Agreements?

Reply
 
Thread Tools
  #1  
Old 01-06-2003, 01:57 PM
G. Couch's Avatar
G. Couch G. Couch is offline
Senior Member
 
Join Date: Jan 2002
Location: Raleigh, NC
Posts: 951
Non-Compete Agreements?

Vikki mentioned in her "Your Bio" thread that she recently signed a "non-compete" agreement at her new job. I'm curious to know if anyone else has done this and what the general thought is on the ethics of it. Personally I hate them and see it as a bully tactic some employers use to keep their employees from exploring other options. I signed one once and vowed never to do it again...and I have my doubts that these things would even hold up in court.
Reply With Quote top
  #2  
Old 01-06-2003, 04:30 PM
john_opitz john_opitz is offline
Senior Member
 
Join Date: Sep 2001
Location: Dallas/Ft.Worth,Texas
Posts: 230
Hello Greg,

<<...and I have my doubts that these things would even hold up in court.>>

That's correct(in the state of Texas,anyway). Texas(as being Gods'country) is a "right to work state". Other terms are used as well, "work at will". A non-compete clause does not hold up. Even if you sign one. Being in management, employers use this tool to find where the employees' head is at. Like, is this employee going to steal or turn clients to some business(competitors)away from that employer. You still should check with your states' labor laws on that, though.

John
Reply With Quote top
  #3  
Old 01-06-2003, 06:15 PM
Ed_L's Avatar
Ed_L Ed_L is offline
Senior Member
 
Join Date: Aug 2001
Location: northwest Indiana, about 45 minutes from Chicago, IL
Posts: 2,824
Good subject Greg. I've heard of non-compete contracts that had a time limit on them, and if a company spent a large sum of money training an individual, it might hold up in some courts of law. But it seems to me that a *reasonable* time limit might be the determining factor, in some states. My personal opinion is that if a company is willing to train an individual to become a tradesman, it should not have to compete against that person for a reasonable length of time. No, I've never used that type of contract.

Ed
Reply With Quote top
  #4  
Old 01-08-2003, 03:18 PM
G. Couch's Avatar
G. Couch G. Couch is offline
Senior Member
 
Join Date: Jan 2002
Location: Raleigh, NC
Posts: 951
Quote:
Originally posted by Ed_L
My personal opinion is that if a company is willing to train an individual to become a tradesman, it should not have to compete against that person for a reasonable length of time.
This is true and I think if a company is going to invest substantial time and money into training (or tuition reimbursment) they should be able to retain that employee for a certain amount of time. But with that said, I have seen some very unreasonable non-competes even when no training takes place and the new employee already knows the job from previous experience. In this case, I think it's just a way to manipulate employees and allows the employer to keep wages down.
Reply With Quote top
  #5  
Old 01-08-2003, 08:40 PM
Ed_L's Avatar
Ed_L Ed_L is offline
Senior Member
 
Join Date: Aug 2001
Location: northwest Indiana, about 45 minutes from Chicago, IL
Posts: 2,824
If it is a case where the employer is using the contract strictly as a tool to crush competition, I think common sense would indicate that it probably would not hold up in court. For a contract to be binding, there has to be something in it for both sides, and I doubt that employment would suffice, although I'm not an attorney.

Ed
Reply With Quote top
  #6  
Old 08-27-2004, 12:45 PM
kathryn30 kathryn30 is offline
Junior Member
 
Join Date: Aug 2004
Posts: 2
Unhappy Non Compete Clause

Hi,

I recently got fired from a sales job, and then went to work for the competition. I did not take any customer lists, nor have I contacted any former clients. There are also no trade secrets in this business. There are a dozen other companies in town that do the same thing we do with the same type of marketing materials. My former boss fired me and so I went to work where I can make a living and do the only thing I know how to do to make a living. My new boss and former boss have been rivals for years and do not like each other. My former boss told me he would not care if I went anywhere else, but he just doesnt want me at this company I am at now. The reason I got fired was because my boss says I stole company leads that were also meant for the other salespeople. I took leads and called them to make sales - I didnt take them anywhere else. And I did this b/c my sales mgr. at the time said I could. Anyway, I have been sued and we cant seem to find that sales mgr. in order to get her subpenoed (?)... My question is, will the judge look at why I was fired in order to deem the Non Compete enforceable or not? If I was justly fired, will the Non Compete most likely hold up or does that matter? Will they just carefully look at the Non Compete and what is says and not go into why I was fired?? Please help!! Ive never been sued and Im freaking out! K
Reply With Quote top
  #7  
Old 08-27-2004, 01:38 PM
Ed_L's Avatar
Ed_L Ed_L is offline
Senior Member
 
Join Date: Aug 2001
Location: northwest Indiana, about 45 minutes from Chicago, IL
Posts: 2,824
Again, I'm not an attorney, but I think you need to consult one for a proper answer. Good luck.

Ed
Reply With Quote top
  #8  
Old 08-27-2004, 01:41 PM
kathryn30 kathryn30 is offline
Junior Member
 
Join Date: Aug 2004
Posts: 2
Red face

yea, i actually do have an atty. looking at it, - i was just wondering if anyone out there has ever been in a similar situation or if anybody knew of anyone who won a Non Compete suit.. im in TX and i know it's a state specific thing... thank you!
Reply With Quote top
  #9  
Old 08-29-2004, 09:44 AM
1STLITE's Avatar
1STLITE 1STLITE is offline
Senior Member
 
Join Date: May 2004
Location: Mississippi, USA
Posts: 346
Mississippi is also an at will employment state. So I suppose that means it would not hold up here in most cases either. Only time I have ever been faced with one of these agreements was when I worked for H&R Block several years ago. Now if you want to say that it was the training that makes it okay you would be wrong in this case. The returns I did were short and it was totally computer based. Put X number in blank X etc. I can see this being an issue for folks that they actually send to training, for doing long forms and such. But that I was required to sign one I thought was pretty ridiculous. But I don't think that I would sign one if I had a job doing photos. Well, not unless there was a decent time limit and there was lots of useful training that they would give me. lol

Dawn
Reply With Quote top
  #10  
Old 05-24-2005, 03:04 PM
emarts emarts is offline
Senior Member
 
Join Date: May 2005
Location: Northern, NJ
Posts: 135
I took my non-compete contract to a lawyer before signing it. He said that regardless of the state's "right-to-work" status, if you signed the contract it is enforceable. It is indeed a contract. He said though that you could argue in court over the terms. My contract stipulated a 50 mile radius, that he said a judge might see as unreasonable.

I just refused to sign it. Never got fired for not signing it.
Reply With Quote top
Reply

  RetouchPRO > Business > Legal Issues


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Aspiring Designers Compete for $100,000 wetz Photo-Based Art 0 09-25-2007 08:31 AM


All times are GMT -6. The time now is 01:17 PM.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
SEO by vBSEO ©2011, Crawlability, Inc.
Copyright © 2016 Doug Nelson. All Rights Reserved