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Dr. Joe Siphek
Thu Aug 30th, 2012, 11:58 AM
Hey all...not one to air my laundry all over the place, but i've got a quick question. i was recently terminated from my job (equipment sales), upon my termination my supervisors said that the 18 month non-compete would go into affect. My question is...since they terminated me, don't I have a right to work in the state of Colorado? So i guess what i need is to have a lawyer look at the document signed and see if they have any legal grounds or if i can start talking to competitors and getting back on my feet?

thanks in advance,
Travis

P.S. Since i'm out of a job...i don't really have a whole lot of money to pay for a lawyer, but i really don't need the advice of an arm-chair lawyer, just seeing if anyone has a connection with someone that might be able to help me or give me some advice.

bulldog
Thu Aug 30th, 2012, 12:04 PM
Sorry to hear that buddy; you need anything let me know!

When I worked for CO Medicaid they made me sign one of the "non-compete" agreements too when I got laid off. When I talked to other people in healthcare they told me the are rarely enforced so I applied at CO Medicaid HMO (regular Medicaid's top competitor) and got the job. I did mention that to them that I signed one and they did not seem concerned. I ended up working there a few years and nothing ever came of it.

This was in healthcare though so not sure if that makes a difference. Ten years later and still working for competitors in healthcare and has never been brought up. Even if it is enforced I don't think it means you cannot work in CO, just can't work for their competitors. They do this so you don't leak secrets. If the jobs aren't competing companies I'd think you would be fine even if it was still in sales.

salsashark
Thu Aug 30th, 2012, 12:06 PM
Have you tried contacting Colorado Dept of Labor & Employment (http://www.colorado.gov/cs/Satellite/CDLE-Main/CDLE/1240336821467)? Don't know if they would be of any direct help, but they may be able to point you in the right direction...

Sucks to hear. Hopefully you'll be back up and running soon.

Schiff32
Thu Aug 30th, 2012, 12:07 PM
Most non competes are very hard to enforce. Secondly, look at your document as many are invalidated if the company terminates you.

longrider
Thu Aug 30th, 2012, 12:10 PM
Sorry to hear about what happened. One thing to consider is non-competes are usually pretty specific. You said equipment sales, if that was restaurant equipment you could start selling excavation equipment and there is nothing they could say. Using the restaurant example, you could go to work for a food distributor and even call on the same clients and you would still not be competing.

~Barn~
Thu Aug 30th, 2012, 12:11 PM
Sorry to hear the news, Doctor. G'luck with everything man.... You're always welcome to call my attorney too. I don't think that this type of law is really her speciality, but she's tied to some of the best in the business, and I bet she could give you a referral to somebody in the know. PM me if you want.

TinkerinWstuff
Thu Aug 30th, 2012, 12:43 PM
I paid $200 to get an exit contract reviewed from an outfit in old town ft Collins.

grim
Thu Aug 30th, 2012, 12:44 PM
Im my industry if whether or not the salesmen is terminated or quit's the major terms of our Non-compete is that they cannot go to the customers they were in charge of or were aware that did business with us, however they were allowed to go right back to work with any other company that is a competitor of ours.


Sorry to hear man :(

TinkerinWstuff
Thu Aug 30th, 2012, 12:46 PM
I'm confident it won't stand. The state unemployment requires you to look for work and they won't provide retraining assistance unless there are no jobs available in your field, not that you are prevented from working in your field by a previous employer.

Tell the guy to f'off an try to stop you.

Jmetz
Thu Aug 30th, 2012, 01:00 PM
Paul Sr. filed a suit against Joe for a non compete violation after he fired him and Jr. hired him. I don't believe the suit went anywhere.

That should help. :D

asp_125
Thu Aug 30th, 2012, 02:07 PM
I was a PM for an engineering company that I recall had a non-compete clause in the HR docs I signed. They laid me off after a project, I turned around and got hired by the client and continued the project in the same position.

Wrider
Thu Aug 30th, 2012, 08:17 PM
Sorry to hear that man.
According to mom (senior HR at an international company), they're rarely enforced, and when they are, it's only because you're using insider information that you learned while with a company to work against that company.
So basically unless you're using info about the company you were working at against that company to get your new company ahead, you're fine.

Radek
Thu Aug 30th, 2012, 08:31 PM
if there is something fishy I have friends on News 7

dapper
Fri Aug 31st, 2012, 02:21 PM
P.S. Since i'm out of a job...i don't really have a whole lot of money to pay for a lawyer, but i really don't need the advice of an arm-chair lawyer, just seeing if anyone has a connection with someone that might be able to help me or give me some advice.
I heard Barack Obama is a lawyer.
Barack has some experience with unemployed people.

:viking:

Hope you get the answers to your questions.
:)

koop
Fri Aug 31st, 2012, 03:55 PM
If you were sales and not management the non compete is probably void. Colorado law disfavors them. Not my field so take it for what its worth.


C.R.S.A. § 8-2-113

(1) It shall be unlawful to use force, threats, or other means of intimidation to prevent any person from engaging in any lawful occupation at any place he sees fit.

(2) Any covenant not to compete which restricts the right of any person to receive compensation for performance of skilled or unskilled labor for any employer shall be void, but this subsection (2) shall not apply to:

(a) Any contract for the purchase and sale of a business or the assets of a business;

(b) Any contract for the protection of trade secrets;

(c) Any contractual provision providing for recovery of the expense of educating and training an employee who has served an employer for a period of less than two years;

(d) Executive and management personnel and officers and employees who constitute professional staff to executive and management personnel.

(3) Any covenant not to compete provision of an employment, partnership, or corporate agreement between physicians which restricts the right of a physician to practice medicine, as defined in section 12-36-106, C.R.S., upon termination of such agreement, shall be void; except that all other provisions of such an agreement enforceable at law, including provisions which require the payment of damages in an amount that is reasonably related to the injury suffered by reason of termination of the agreement, shall be enforceable. Provisions which require the payment of damages upon termination of the agreement may include, but not be limited to, damages related to competition.

CREDIT(S)

Ghost
Fri Aug 31st, 2012, 05:00 PM
I heard Barack Obama is a lawyer.
Barack has some experience with unemployed people.

:viking:

Hope you get the answers to your questions.
:)

Mitt Romney's also a lawyer, and he has experience laying people off, try him as well...

And I'm sure politics is just what the Doctor wanted...

Wrider
Fri Aug 31st, 2012, 09:32 PM
Talked to my business professor today, she said it's very rarely enforced, and very hard to prove even when it is enforced. You have to be directly competing using inside information from that company to benefit yourself or your new company.

Dr. Joe Siphek
Sat Sep 1st, 2012, 12:36 AM
Well in my industry I had built a pretty nice customer base. I would certainly want those customers to follow me to a competitor. Most of them have either called or emailed me personally and would follow me. So I guess my question would be is that considered trade secrets? Funny thing is the majority of these customers followed me over from the last competitor I worked for. Thanks again for all of your kind words and condolences.

Oh yeah, feel free to leave the political nonsense out of this thread...I voted for myself in the last election, and will do it again this year! :lol:

Wrider
Sat Sep 1st, 2012, 04:58 AM
Nope that isn't a trade secret. As long as you don't use the insider informtion, you're golden.

TFOGGuys
Sat Sep 1st, 2012, 11:15 AM
Knowing the business you were in, I think you could safely show them your middle finger, and continue to work with your existing customers as an extension of your personal relationship with them. To be valid in CO, a non-compete clause needs to be sharply limited in terms of area and scope of non-competition.

ATL
Sat Sep 1st, 2012, 12:42 PM
Well in my industry I had built a pretty nice customer base. I would certainly want those customers to follow me to a competitor. Most of them have either called or emailed me personally and would follow me. So I guess my question would be is that considered trade secrets? Funny thing is the majority of these customers followed me over from the last competitor I worked for. Thanks again for all of your kind words and condolences.


Absolutely not.
-Chris

asp_125
Sat Sep 1st, 2012, 01:28 PM
As long as you didn't work for Apple and now are with Samsung, I think you're in the clear. Customers following you is no different than professional services like financial advisors and doctors where clients follow them due to a business relationship.