Ask Me Help Desk - Menards says son can't work at Lowe's

Menards says son can't work at Lowe's

My son has worked part-time only as customer service, stock boy, etc at Menards for about 3 years. For the last year they have continued to drop his hours to next to nothing. He finally quit because he was only getting 12 hours/week. They sent him a letter stating that he could not work for any of their competitors, Lowe's or Home Depot. I realize that in certain highly technical professions or when you are privy to highly confidential information that you can be prohibited under law, for a certain period, to not work for competitors but in this situation?? Seems unfair and impracticle that he should not be able to use his earned experience to improve his financial situation. My son is unaware whether a contract for this was signed upon employment but even if it was, is it ethical?
Thanks

That's strange. He should call his old manager and talk to him/her about it. See if it was some kind of mix up.

He received a letter from Menards making tis statement so no need to call his manager. I believe it is strange too.

I'd call and have them explain why

Thank you for your advice but my question was whether it is legal?

Tmzetti, how old is your son, is he of legal age?

If he is, he first needs to actually find out what he signed (and he should have a copy) if he did sign anything such as a 'non-compete.'

I agree, at this level of employment there should be no restrictions on his work or where he works. If Menards sent him a letter as you say then I suggest that you take this letter to your attorney or to some legal agency. I think that they will agree that Menards can not put restrictions on your son...

If a person has been trained to do a certain job or a certain career, he cannot be deprived from using that training to advance him/herself... the only question would be confidential information and you are right, I can't see how that would apply at all.

Stringer

Hello t:

No, it's NOT legal. It's called restraint of trade. I'd do NOTHING. If they don't like what your son does in the future, they'll let him know... If they try to sue him, he should file a counterclaim. He'll win.

excon

It's Menards. I worked there for almost 6 years. There are plenty of things they do there that aren't legal. Actually I work at a newspaper now and I'm surprised at how many legal notices they put in there saying "if you worked here between (insert dates here) you may qualify for (x amount of money from whichever lawsuit).

When I worked there I was in electrical, eventually I was only working 12 hours a week so I started picking up hours in other departments. Getting out of there was the best thing I ever did. The job was only supposed to be temporary anyway.

I think this falls into the category of Menards not knowing if they can keep your son from working for a competitor unless the try - and, no, I don't see it's legal. I would like to know if he signed a non-compete agreement, though - even though they are "usually" found to be illegal except for very high-paying jobs.

I'd say get another job and see what Menards does - which probably will be nothing.

Quote:

Originally Posted by Megan2345

I'd call and have them explain why

Please keep your advice "legal."

Quote:

Originally Posted by JudyKayTee

Please keep your advice "legal."

They can't unless they have some justification that isn't in the letter.

Assuming the letter itself (which we haven't seen) doesn't already contain such justification.

Happy?

Quote:

Originally Posted by AK lawyer

They can't unless they have some justification that isn't in the letter.

Assuming the letter itself (which we haven't seen) doesn't already contain such justification.

Happy?

What? I was answering Megan2345 who advised: "I'd call and have them explain why." I don't find this to be appropriate legal advice. In fact, I quoted her in my response so that it would be apparent that I was addressing her.

This seems to have offended you - do you also use the user name Megan2345?

Sorry you are "stuck" in Florida without a law license and an inability to get "back" to Alaska but don't take it out on me. https://www.askmehelpdesk.com/other-...ml#post1747159

And, yes, I'm happy - sarcasm noted.

Quote:

Originally Posted by JudyKayTee

This seems to have offended you - do you also use the user name Megan2345?
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I was not offended. I simply happen to think that Megan did in fact give appropriate advice: to seek clarification from the company which sent the letter.

If you feel that I was "taking it out" on you, please accept my apologies. That was not my intent. As you know, this medium sometimes fails in it's inabilit to convey tone-of-voice or facial communication clues. That must be what happened here. :)

Quote:

Originally Posted by AK lawyer

I was not offended. I simply happen to think that Megan did in fact give appropriate advice: to seek clarification from the company which sent the letter.

If you feel that I was "taking it out" on you, please accept my apologies. That was not my intent. As you know, this medium sometimes fails in it's inabilit to convey tone-of-voice or facial communication clues. That must be what happened here. :)

Not a discussion board so I'll say what's on my mind and drop out.

Megan did not answer the OP's question. OP herself said that she did not. Therefore, I do not find the advice to be appropriate. You are certainly entitled to your opinion.

"Happy now" - at least to me - appeared sarcastic. If I misunderstood your meaning when you typed that, I am also sorry.

And, poof, I'm gone from this thead.

Quote:

Originally Posted by tmzetti

My son is unaware whether a contract for this was signed upon employment but even if it was, is it ethical?
Thanks

Non-compete clauses serve two purposes. First they prevent employees from going to a competitor and revelaing proprietary info to the competitor. Second, they are to prevent an employee from taking customers to a new company. Neither case applies to your son. So I would simply ignore the letter and let him get whatever job he wants. If they try to sue, you can counter sue.

P.S. to you know who you are. No more extraneous comments.

My partner was an AOM for Lowe's, they will not hire people who have worked for competition... it works both ways.

Quote:

Originally Posted by Justwantfair

My partner was an AOM for Lowe's, they will not hire people who have worked for competition... it works both ways.

I worked at Menards for 6 years and when I was still working there Home Depot offered me a job. They knew that I worked for Menards. I think Menards is more picky than other home improvement places.