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Intel 75 · Jun 26, 2009, 09:49 AM

I live and work in Florida. My boss was informed by a co-worker that I was offered a job by a current client. I was immediately asked to sign a no competition agreement by my current employer, after 3 years employment. I have been the only employee asked to sign such an agreement as of now. I was told if I did not sign this agreement, I would be terminated.

This agreement would keep me from accepting this new job, which pays approximately 30% more than my current salary. This job will not be available for another 60 days or so.

I have not signed the agreement just yet and do not intend to do so after doing a little research. This agreement states that I would be liable for 100% of the lost income if I chose to take this new job. Any suggestions would be greatly appreciated.

The client whom offered me this new job has agreed to put in writing that the current company that I work for, would not be doing business with them, if I did not represent them. Any suggestions? /insert frustration here.

Dan / Intel75 :confused:

emacon · Jun 26, 2009, 04:22 PM

As long as you don't steal customers there is nothing they can do. Florida is a right to work state.

ScottGem · Jun 26, 2009, 04:46 PM

The thing is he can terminate you if you don't sign. On the other hand you can probably get unemployment to carry you through to when you can start with the other firm.

I'm curious as to what type of job you have that the boss thinks a no compete is necessary. Generally that is if you go to a competitor, not a client. If you are saying that by you going to work for the client they would no longer need to use the services of your current company, they you could be held liable for the losses.

excon · Jun 26, 2009, 04:50 PM

Hello I:

You didn't sign it?? Cool. I'd quit and steal all his customers - every last one!

excon

AK lawyer · Jun 26, 2009, 06:24 PM

Originally Posted by Intel 75

The client whom offered me this new job has agreed to put in writing that the current company that I work for, would not be doing business with them, if I did not represent them. Any suggestions? /insert frustration here.

Dan / Intel75 :confused:

Get someone (hopefully who knows the proper usage of "whom" and "who" :)) to draft a non-competition agreement on your terms; terms which provide enough loopholes so that you can accept employment with the new company. Then spend the next 60 days ering over the agreement terms.

Intel 75 · Jun 27, 2009, 03:03 AM

Originally Posted by emacon

As long as you don't steal customers there is nothing they can do. Florida is a right to work state.

In no way would I be stealing a client or customer. The new job would make me a part of choosing which contractors get what jobs and monitoring contractors that win bids and proposals. Currently, I am the contractor submitting bids.

I've spoken to one attorney already, and was told "Your duties now are to BE a contractors representative for your current employer. Your new duties with the new job would be to suggest and/or choose contractors that get the job. Two different job responsibilities.

By my current employer putting me in this position, he has almost sealed his fate with the client who offered me the job... you would think. But a cannot do that and won't due to the fact I am an ethical and moral person. But rest assured, it will be far too easy to find a way to decline future services with my current employer once I am on the other side of the fence.

Intel 75 · Jun 27, 2009, 03:09 AM

Originally Posted by ScottGem

The thing is he can terminate you if you don't sign. On the other hand you can probably get unemployment to carry you through to when you can start with the other firm.

I'm curious as to what type of job you have that the boss thinks a no compete is necessary. Generally that is if you go to a competitor, not a client. If you are saying that by you going to work for the client they would no longer need to use the services of your current company, they you could be held liable for the losses.

I currently work for a sod/horticultural contractor. I am the liaison between this contractor and a gated community. By my taking this new job working for this community, they would still need the services of a contractor.

As far as unemployment holding me over, I put myself in this position, and don't expect the government to bail me out of it. I don't agree with unemployment in this case. I have the ability to work, and will... nobody will take my livelyhood, career and all that I've worked to learn in this field, away from me.

Intel 75 · Jun 27, 2009, 03:14 AM

Originally Posted by excon

Hello I:

You didn't sign it??? Cool. I'd quit and steal all his customers - every last one!

excon

The new job would not, in any way, put me in a position to steal his clients or customers. I wouldn't want to do this even if I were in a position to do so. The new job just puts me in a position to accept or decline certain contractors from doing work in the community. I would be HIS boss... so to speak ;)

Intel 75 · Jun 27, 2009, 03:25 AM

Originally Posted by AK lawyer

Get someone (hopefully who knows the proper usage of "whom" and "who" :)) to draft a non-competition agreement on your terms; terms which provide enough loopholes so that you can accept employment with the new company. Then spend the next 60 days ering over the agreement terms.

I've already begun this process. Asked to "review this with a labor law attorney.." and plan to rewrite or edit his contract so that there is something beneficial to myself in there.

Currently, the way the agreement reads, it benefits me zero to sign this contract. I would be a fool to sign it... I'm almost positive he is trying to just get me to quit... squeezing me now, knowing there's a good chance I don't have the new job available to me just yet... or I wouldn't be procrastinating about an additional $20K.

Intel 75 · Jun 27, 2009, 04:01 AM

Additionally: I want to thank all of you for taking the time to look over my issue and posting your opinions. All are greatly appreciated.
Thanks in advance for past and future responses.
Intel 75

ScottGem · Jun 27, 2009, 05:49 AM

Originally Posted by Intel 75

I currently work for a sod/horticultural contractor. I am the liason between this contractor and a gated community. By my taking this new job working for this community, they would still need the services of a contractor.

As far as unemployment holding me over, I put myself in this position, and dont expect the government to bail me out of it. I dont agree with unemployment in this case. I have the ability to work, and will... nobody will take my livelyhood, career and all that I've worked to learn in this field, away from me.

I agree that your currenty employer is shooting himself in the foot. As the attorney pointed out this is two different job descriptions and even if you signed his agreement it would be unenforceable.

As for unemployment, its called Unemployment INSURANCE. You pay into the system via payroll taxes to your employer so you are entitled to withdraw from it.

excon · Jun 27, 2009, 06:16 AM

Hello again, I:

Like Scott, I'm missing something here. You're right, the agreement doesn't benefit YOU one iota. There ISN'T a fix that I can see that will benefit you either. I can't imagine WHY you would want to fix it. I have NO clue!

Look. It's REAL simple. You're boss doesn't want you to compete. You've said that your new job DOESN'T compete. Then sign the thing, wait two months and take the new job.

Everybody's happy, no??

Scott's right about unemployment INSURANCE too... YOU pay premiums for this coverage... The coverage IS for this particular moment. WHY wouldn't you not want to collect the insurance proceeds that you PAID to get??

excon

AK lawyer · Jun 27, 2009, 04:13 PM

Originally Posted by excon

... I'm missing something here. You're right, the agreement doesn't benefit YOU one iota ...

Well, there is one iota: you get to keep your current job until you get the new one. That, by the way, would be the consideration necessary to make the non-comp. agreement a contract.

JudyKayTee · Jun 30, 2009, 03:35 PM

Originally Posted by AK lawyer

Get someone (hopefully who knows the proper usage of "whom" and "who" :)) to draft a non-competition agreement on your terms; terms which provide enough loopholes so that you can accept employment with the new company. Then spend the next 60 days ering over the agreement terms.

Hopefully the "someone" who knows the proper usage of "whom" and "who" also knows how to punctuate and divide a paragraph into sentences and knows the meaning of the word "ering" as in "ering over the agreement terms."

Unnecessary criticism of someone, by the way. Maybe everyone who posts doesn't have your level of education.

Smiley face back at you.