Non Compete Question
Non Compete Question
(OP)
I started a new job about two months ago and did sign a non compete with my previous employer. My previous employer in Utah is fine with me working with the new employer, a company in California which does competing work, however, for different clients. Most non compete agreements in California are void anyway, from what I have read. Regardless, I was contacted by my previous employer that a client I used to work with wanted to talk to me. So, I was given the client's name and phone number and to call them.
The client said that he wanted me to do some work for him and that he did not feel that my previous employer had someone that could do this work. I told him that I had signed a non compete and would need to talk to my previous employer about it first.
Here is more of the perspective of my situation. I left my previous employer because he would not lay me off. I went for a few months behind pay and several months with not having much billable work. Although the official reason I had for leaving was "voluntary", it was not accurate. My previous employer is struggling financially and cannot hire someone to replace me. My question is: what can be done if a client is not satisfied with my previous employer's current staff?
Keep in mind I do not have intentions of working for this old client without discussing with my previous employer first. I'm just trying to sort out in my mind the best way to discuss it with him.
The client said that he wanted me to do some work for him and that he did not feel that my previous employer had someone that could do this work. I told him that I had signed a non compete and would need to talk to my previous employer about it first.
Here is more of the perspective of my situation. I left my previous employer because he would not lay me off. I went for a few months behind pay and several months with not having much billable work. Although the official reason I had for leaving was "voluntary", it was not accurate. My previous employer is struggling financially and cannot hire someone to replace me. My question is: what can be done if a client is not satisfied with my previous employer's current staff?
Keep in mind I do not have intentions of working for this old client without discussing with my previous employer first. I'm just trying to sort out in my mind the best way to discuss it with him.
"Structural engineering is the art of modeling materials we do not wholly understand into shapes we cannot precisely analyse so as to withstand forces we cannot properly assess in such a way that the public at large has no reason to suspect the extent of our ignorance." -Dr. A. R. Dykes





RE: Non Compete Question
-- MechEng2005
RE: Non Compete Question
"Structural engineering is the art of modeling materials we do not wholly understand into shapes we cannot precisely analyse so as to withstand forces we cannot properly assess in such a way that the public at large has no reason to suspect the extent of our ignorance." -Dr. A. R. Dykes
RE: Non Compete Question
David
RE: Non Compete Question
RE: Non Compete Question
Dan - Owner

http://www.Hi-TecDesigns.com
RE: Non Compete Question
That's usually my line. I like your post better than mine, I guess everyone gets carried away sometimes.
David Simpson, PE
MuleShoe Engineering
www.muleshoe-eng.com
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RE: Non Compete Question
RE: Non Compete Question
Yeah, David...you been napping this afternoon!!??
RE: Non Compete Question
David
RE: Non Compete Question
It is a bit of a moral dilema.
My advice.
First make sure you stay within the law and that will probably require legal advice.
First be straight up with your old employer.
Is it possible if you bring this work to your new employer that he might pay your old employer some sort of referral fee so everyone earns a bit. After all, it is work your new boss would otherwise not have.
Regards
Pat
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RE: Non Compete Question
In the future, be more proactive in documenting non-payment of wages (like filing a complaint with the State agency that has jurisdiction or with the DOL). Employment agreement is a contract between 2 parties and your non-compete is part of that contract. I believe (just my opinion as I'm not a lawyer) that non-payment of wages constitute a breach of contract so your non-compete is actually null and void anywhere (not just in CA) if you have the paper trail to prove non-payment.
RE: Non Compete Question
I will follow your advice.
"Structural engineering is the art of modeling materials we do not wholly understand into shapes we cannot precisely analyse so as to withstand forces we cannot properly assess in such a way that the public at large has no reason to suspect the extent of our ignorance." -Dr. A. R. Dykes
RE: Non Compete Question
Hydrology, Drainage Analysis, Flood Studies, and Complex Stormwater Litigation for Atlanta and the South East - http://www.campbellcivil.com
RE: Non Compete Question
Regarding going after lost wages, there are many arrangements for employment that could lead to lack of pay. From the description you gave, it seems like your previous employer might be an honorable man that fell upon hard times and probably had an understanding that you would get paid for billable work. Once again this could be exasperated by overly rigorous expectations. I use contract help often, and it is clear to all involved that prosper and suffer together.