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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Is anyone familiar with State Farm Insurance Companies

Customer Question

Is anyone familiar with State Farm Insurance Companies noncompeting, non solicit clause that LSA agent employees are required to sign electronically on their first day of working at an agent's employees. It's for a year but I've been researching it online and had some questions. I believe I've already breached this contract agreement with my hair stylist and with my boyfriend, one already has of them are going to switch to their insurance to my new company by next week. A little background on why I resigned in the first place. My previous employer actually hired me when I was working for another State Farm agent in TN. He provided me with enough income to move out here with a my son 3 years go. At the start of my 3rd year, which is this year, I noticed some odd behavior towards me from my agent. He was micromanaging everything I was doing, he would come behind me if I answered a call to see who it was. He would interrupt my appointments with my customer and then in front of the customer he would question what I was telling them was correct. I finally had enough of it all and went to him asking him what I did to make him treat me like this. I was working as hard as I could work and he told me that production was down and indicated that I was not doing anything during the day and he felt better knowing that he was pushing me to do things. Might I add that I picked this agency up from wreckage when I first started in June 2012 and he has qualified for every single company wide promotion resulting in a lavished trip and the huge bonus. After our talk I went back through all of the policies that I submitted from my start date of June 18, 2012 through the beginning of August 2015 to see what premium I brought in each year in my sell of auto and fire policies. Each year I was the top producers. He cut my pay from $44,000 a year to $24,000 plus a commission scale that is by far the most unattainable structure plan I've ever seen. I am a single mother, and his top producer. I can't understand how he could just drop my salary legally but not change the compensation plans of anyone else in our office. He actually give my coworkers (1 is a 53 year old married woman and 1 is my employers son-in-law) the option of staying on salary - same pay- or and they declined, so he forced me to change to the new scale. I was told about this change on 07/16/2015 around 12pm. I was also informed around that same time that he actually started the new base salary/commission structure was based on apps written before the 15th to the 15 of each month therefore I would be getting paid my first commission check based on the items I sold 09/01/2015. So this whole change actually came into effect on 07/15/2015 but I wasn't made aware of it until 07/16/2015. That seems wrong to me on so many levels.
Now that I have quit, I did take a few items that I would like to discuss with you. I printed off a bunch of emails that we sent to me by my employer and his some from his wife. They were all very snotty and nitpicky. I felt they were trying to push me to quit when eventually they did. I had to be put on anxiety medication just to feel okay coming into work every day and walking on eggshells. This whole situation has been awful and I'm so ready to put it behind me. But I need to know if LSA non-compete State Farm agreement would hold up in court if I had the customers sign something that says my personal connections to switch to my new insurance company if hit's within that 1 year mark. Would I be smart to get them to sign something that says they weren't solicited to switch their insurance to my agency. I accidently took the copies of the daily activity sheets my agent made me turn into him at the end of each day so he could keep up with all the sales calls I was making. He says in the email that he will ensure that I keep my contract in mind that I am under that agreement for 1 year and that he needs everything I took from the office and gave me a deadline. I don't really understand why I should have to return MY emails that were sent to me by him and her on a personal level nor do I understand why those copied activity sheets are a breach of the trades secrets since they only have marketing notes on them. I do have 1 email that if put in the right person's hands could have my old agents license.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Sorry there are a few too many typos in the original question. Any information on State Farm's non solicit, non compete agreement for agents employees will be helpful. Thank you.
Expert:  Marsha411JD replied 1 year ago.

Hello,

This is an information request ONLY, NOT an answer, so PLEASE do NOT rate my work until you receive an answer to your questions. Thank you.

Can you tell me what your specific question is? Are you asking if a non-compete is enforceable? If so, I need to know what State you work in. Also, are you asking if you need to return the proprietary information that you have?

Expert:  Marsha411JD replied 1 year ago.

Hello,

This is an information request ONLY, NOT an answer, so PLEASE do NOT rate my work until you receive an answer to your questions. Thank you.

Can you please tell me what your specific question is? Are you asking if a non-compete is enforceable? If so, I need to know what State you work in. Also, are you asking if you need to return the proprietary information that you have?