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    mluketich's Avatar
    mluketich Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Jun 4, 2009, 01:39 PM
    Motion for incontempt for atipulated permanent injunction of two years
    Hello
    I recently received a motion for in- contempt from my former employer. He is stating that I have violated my stipulated permanent injunction by taking a position with a company that is in direct competition with them for semiconductors and integrated circuits sales and purchases. I took the position selling hardware which did not violate my stipulated permanent injunctioin however to my surprise the company I was working for does provide active and passive components. My non compete expires on June 12, 2009 of this year. Next week actually. I left my old job because of this reason. So I am not actively in contempt of my stipulated permanent injunction. Also no where in the verbage does it say that if I viooate the injunction that an additional two years be added. Does anyone have any ideas if I file a motion to dismiss after June 12th. Do you think that will work. If not any help would be appreciated. I am a mother with children and I need to work.:(. Any advise or recommendation would be greatly and very much appreciated.
    Thanks
    D
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jun 4, 2009, 02:01 PM

    I would not attempt this without an Attorney. I've seen many of these agreements NOT enforced because they keep people from finding employment. I have seen some enforced when there is a direct violation.

    You need an Attorney to review the Agreement and advise you.

    I am the first to say "do it yourself," but not when your livelihood is at stake.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Jun 4, 2009, 02:03 PM

    Non-compete agreements are VERY hard to enforce unless you are at an executive level.

    Was the motion filed through court or did they just have a lawyer send you something that says you can't take the job?
    mluketich's Avatar
    mluketich Posts: 4, Reputation: 1
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    #4

    Jun 4, 2009, 04:25 PM
    Quote Originally Posted by stevetcg View Post
    Non-compete agreements are VERY hard to enforce unless you are at an executive level.

    Was the motion filed through court or did they just have a lawyer send you something that says you can't take the job?

    Yes we filed it through the court as a stipulated permanent injunction.
    mluketich's Avatar
    mluketich Posts: 4, Reputation: 1
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    #5

    Jun 4, 2009, 04:28 PM
    Quote Originally Posted by JudyKayTee View Post
    I would not attempt this without an Attorney. I've seen many of these agreements NOT enforced because they keep people from finding employment. I have seen some enforced when there is a direct violation.

    You need an Attorney to review the Agreement and advise you.

    I am the first to say "do it yourself," but not when your livelihood is at stake.
    I tried the last time to do it through an attorney and it just seams to take a lot of money and time. All I want to do is work and take care of my family. I really appreciate the feedback its good to know that there are people out there who care about others. Thank you so much. If anything its very encouraging.
    mluketich's Avatar
    mluketich Posts: 4, Reputation: 1
    New Member
    		  
    #6

    Jun 4, 2009, 04:29 PM
    Quote Originally Posted by mluketich View Post
    I tried the last time to do it thru an attorney and it just seams to take alot of money and time. All I want to do is work and take care of my family. I really appreciate the feedback its good to know that there are people out ther who care about others. Thank you so much. If anything its very encouraging.

    By the way Thank you for taking the time to read about my issue and offering your advice. It means a lot to me.
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