Posted on September 24, 2010.
Is un-competition, non-disclosure not yet valid if the former employer does not fulfill the terms of agreementa My ex-employer forced me to sign a non-compete and nondisclosure form two years after working there. The form states:
"This agreement will enter into force on the date of XXXX."
and then ..
"On the effective date, the employer must pay the employee a one-time lump sum payment of one dollar less all applicable taxes and deductions."
Needless to say, on the date of XXXX, taxes less than $ 1 was never paid and I have since left the company. Today, more than 45 days since I left it send me a check in the mail for exactly one dollar. Is this still valid at this pointa Would not the agreement null and voida
You can afford to start treating cheaper than first going to a lawyer immediately.
Send the receipt of the document.
Write a letter outlining their failure by the contract with a photocopy of the check and note the date of the check.
Request that they honor the terms of the agreement in writing to provide a document proving that you're free and clear.
Keep copies and the original check you.
Keep their response.
In any case, unless a lawyer advise you if you return the cash or check.
whose money the check!
if you want to work in this area, go see a lawyer. Remember, if you say the agreement is not valid, if your company sues you, you still have to pay to defend you.
Is this a jokea Who will write an agreement that stipulates that the employee would not work in the area of $ 1 and sign such an agreement.
Regarding an agreement non-compete/non-disclosure - in most states a former employer has no right to restrict the ability of a former employee to earn a living. Thus, most non-compete are not enforceable. However, there are exceptions (sales positions in a competing business, business ownership, etc.).
If it were me, I would not worry and I would like to find a job I wanted. If they want to try to enforce non-compete clause, you can deal with it then. Or you can talk to a lawyer to determine precisely what you can / cannot do.
Participates are not really difficult to apply to start. So, with this violation in regard to your former employer did, I'd say you are allowed to compete.
but then again, if your employer is a former major player with deep pockets and you know they will sue you .. Londa and think hard before returning to the biz ...
For now, do not cash the check. If they cry, you can say that the dollar has never been paid within a reasonable time after leaving, it does not count. If they bother you tell them to go ahead and prosecute you.
Besides, as others have said, a non-compete is very difficult to apply as many times in court that he has been proved that if a company lets you go, they can not prevent you from earn a living.