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Based on the reading I've done, I don't believe the agreement is valid in either Oklahoma or Florida. Allow me to provide a brief description.
The company I work for is called A.S.A.P Assembly Inc. I have also worked for National Assemblers Inc, also known as East Coast Assemblers Inc. Both have non compete agreements. ASAP prohibits me from working in the field for 18 months. National for 2 years.
The job is simply providing assembly services for Wal-Mart. I go to whatever store I am told to and build bicycles, grills, furniture, etc. I have never received any formalized training and the job does not require special skills. Each Wal-Mart store decides for themselves what contractor to use, if any, for their assembly. I have never been anything more than an employee and have never had access to any company information outside of what I get paid. I do not have access to company price list and they would not be able to claim that Wal-Mart stores are part of a secret customer list. I believe that they would be unable to prove that I have had access to any information that could damage them.
One area I am unsure of is my relationship with the managers at the local stores. Since I am the one that shows up to do the work, I have a working relationship with them. They know me personally and they have never met anyone from the Florida offices. This might be something they could use. I'm not sure.
Furthermore, I can provide work orders showing that I have not been paid properly by either company. East Coast Assemblers has a current suit against them for unpaid overtime. ASAP does not document hours and both companies have their employees work far more than 40 hours a week, though they claim not to. They also claim to be exempt from overtime because most work is paid by piece rate and not hourly. Both companies also require their employees to travel out of town and they do not pay for mileage or per diem. I have been told that Oklahoma law requires per diem, however I am not sure. They also don't allow you to count drive time toward your hours. This is ridiculous when they expect you to drive 2 hours, over 100 miles, to get to work. I don't know what the law is on that.
Could you please check for all cases involving National Assemblers Inc/ East Coast Assemblers Inc and A.S.A.P Assembly Inc. I know that many people have left both companies and started their own business around the country. The owner of ASAP was an employee of National before she got fired and started her own company. She was in violation of her non-compete but was not stopped.
I believe that the non-competes for both companies are a bluff that they know are unenforceable. Please search for any cases involving the two companies and let me know what the outcomes were.
Thank you. As far as me being the only person that is in contact with the store, that is not the case. She talks to them about scheduling and I am only one of several assemblers that go to the stores. There is no store that I am the only one working at. I would assume that this gives enough less weight to that argument. I don't want to pursue an overtime claim against either company. I would rather just separate and be able to start my own business free of worrying about a lawsuit. The fact that neither company has been successful in enforcing it is comforting. I really appreciate the detailed answer.
I have one more question if you have the time. I feel like I've already gotten what I paid for so don't feel obligated to answer if you are too busy.
Is it possible to set up a corporation with the owners names hidden? Once they find out there is a new competitor in the area I'm sure they will try to find out who is behind it. I would like to make it as hard on them as possible.
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