How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17028
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
Type Your Employment Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

I have received a letter of intent to hire and an employee

Resolved Question:

I have received a letter of intent to hire and an employee non-compete agreement from a prospective employer. The company is new and is waiting for three contracts to go through (one which according to the CEO will mostly likely be available in June). I explained to the employer that I am in need of work and that I may find something before the contract goes through. The letter of intent states my role and my pay but not my duties.

If I sign the letter of intent to hire am I obligated to work for this company and can they take legal action action me if I do not move forward with the signed agreement?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 4 years ago.
Hello,

Without knowing exactly what the letter says there is no way I can say for sure one way or the other, but unless the letter is signed by both parties and says that it is a contractual commitment that is enforceable, it is not likely a contract. This is especially true if the employer is not giving you anything but promise of future employment, versus employment right now. If you are concerned about there being a misunderstanding, then you can pen and ink it with an additional clause that restates what you told the CEO. Something to the effect that "unless sooner employed by another company..."
Customer: replied 4 years ago.

These are the letters of intent to hire and non compete agreement which I have pasted for your convenience. I omitted the parties name. I'm supposed to sign both but there is no area where the employer signs.

Grant SOLUTIONS, LLC

ADDRESS

 

OFFER LETTER

Dear XXXXX Doe,

I would like to confirm the offer of intent to employ you made by Jane Doe, President of Alliance International Solutions, LLC and its subsidiaries, as Director of Job Development for Alliance International Solutions, LLC, and to confirm the principal terms of your discussions.

You will initially be employed at Grant Solutions' offices at 999B Cascade Road SW, Atlanta, GA 30311.

Your commencing salary will be $68,000 gross per year if hired full-time or $32.69/hour if hired part time. Your official start date is to be determined. Exemption status is contingent on initial contract volume.

Please sign and return to me a copy of this letter and the Non-compete Agreement as your confirmation that you agree with the terms of this offer of intent to employ.

If you have any questions concerning the terms of our offer please let me know as soon as possible and I will do all I can to ensure they are answered.

I look forward to your reply and am very pleased at the prospect of you commencing this employment and contributing to the future success of Alliance International Solutions.

Sincerely,

Jane Doe

President & CEO

I accept the employment terms set out in this letter and the enclosed Non-compete Agreement.

Signed: .................................................................

Dated: ..................................................................

 

 

 

Alliance GPS Monitoring Solutions, Inc.

EMPLOYEE NON-COMPETE AGREEMENT

For good consideration and as an inducement for Grant Solutions, Inc. (Company) to employ _________________________(Employee), the undersigned Employee hereby agrees not to directly or indirectly compete with the business of the Company and its successors and assigns during the period of employment and for a period of five (5) years following termination of employment and notwithstanding the cause or reason for termination. The term "not compete" as used herein shall mean that the Employee shall not own, manage, operate, consult or to be employee in a business substantially similar to or competitive with the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment. The Employee acknowledges that the Company shall or may in reliance of this agreement provide Employee access to trade secrets, customers and other confidential data and good will. Employee agrees to retain said information as confidential and not to use said information on his or her won behalf or disclose same to any third party. This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives. Signed this _____ day of ________________________ 20____. _______________________________________ Grant Solutions Solutions, Inc. _______________________________________ Employee

 

Expert:  Marsha411JD replied 4 years ago.
Hello,

If I were you, I would definitely memorialize the discussion you had with the CEO on this document. If it's not written, it doesn't exist, when everything else is written. At worst, the company might try to come after you for their expenses in finding an employee to replace you. Otherwise, there wouldn't be any damages for you canceling the intent.

I also would not sign the non-compete until I begin working since you have not receive "consideration" yet and you may possibly work for someone else.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17028
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and 3 other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Thank you for your help!
Expert:  Marsha411JD replied 4 years ago.
You're welcome and best of luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.