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Recent employment law questions

If I accept a new sales position based in California, my

If I accept a new sales position based in California, my employer wants me to sign a 1 year "non compete" agreement, with "Choice of Law and Forum" clauses/agreement tied to the state of New Hampshire laws. Since I will be an "At Will" employee, if for any reason I leave or am terminated, can this agreement be enforced if I were to go to another competitor in California?

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Patrick, Esq.

Doctoral Degree

 
16,810 satisfied customers
Good afternoon: Would the following statement, written on an

Good afternoon:Would the following statement, written on an employee agreement under the State of MA jurisdiction, limit my employment options to just the two companies noted as "specific" or, would it be interpreted as "any competitors"?[NON-COMPETITION AND NON-SOLICITATION(a) Non-Compete.(i) Non-Compete. I agree to not work for any of xxxxx competitors, specifically, xxxx/xxxx and xxxxx, for a period of 1 year after you leave the employment of xxxx, Inc. (provided that xxxx does not initiate the employment termination, for any reason, before 1 year has occurred. In this event, where xxxx has terminated the relationship in that time period, there will be no non-compete agreement).]Also, is there a common and agreed upon definition of "competitor"?

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Lucy, Esq.

Juris Doctor

 
29,200 satisfied customers
I was recruited sales position a Hyatt hotel to work

I was recruited for a sales position a Hyatt hotel to work for a Hilton hotel. The new employer is requiring me to sign a non-compete. He will not change it to limit the geographic area or scope. He will not eliminate it. I am concerned with being legally able to find work after this position. If I decide to pursue work after this, will this non-compete hold up?Non-Solicitation of Clients:You acknowledge that, because there is a limited market for the products and services performed by the Company, the Company faces a legitimate and significant potential for injury from competition by former employees working for competitors of the Company. Therefore, during your employment with the Company, and for a period of twelve (12) consecutive months following the termination of your employment (for any reason), you will not directly or indirectly:a) Contact, solicit, interfere with or divert any of the Company's customers for which you perform services during your employment with the Company, for your own benefit or for the benefit of other companies, individuals, or business entities which are in competition with the Company. You acknowledge that this restriction is necessary in order to protect the good will of the Company and its near permanent relationships with its customers.

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RobertJDFL

Attorney

Juris Doctorate

 
11,592 satisfied customers
Peal JA: The Employment Lawyer will need to help you with

Hi PealJA: The Employment Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No not yetJA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: Hi I am Graduate Student and I have just received an Offer Letter for a Consultancy Firm. Before signing the acceptance letter I ran through a statement and want to make sure what are restrictions I will be looking atJA: OK. The Employment Lawyer will need to help you with this. Is there anything else the Employment Lawyer should be aware of?Customer: The statement is Therefore, during your employment and for a period of twelve months thereafter, you must not directly or indirectly: (1) solicit for employment or hire any employee of xyz or anyone who was an employee of xyz at any time during the preceding six (6) months; or (2) cause or encourage any other party to do so. For a period of twelve months after the termination of your employment with xyz, you must not, for your own account or for the account of any other person or entity, solicit, call on or provide competing services for any of xyz's customers or prospective customers if you have solicited, called on or performed services for that xyz customer or prospective customer during the twenty-four months preceding your termination from xyz.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.

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Gerald-Esquire

Juris Doctor

 
4,760 satisfied customers
Non Compete Agreement- Texas I signed a non compete 5 years

Non Compete Agreement- TexasI signed a non compete 5 years ago at the company im currenty working for- Im in process of starting my own business and wanted to get thoughts on how strong the non compete is.things to consider:My compensation plan was just changed (negatively)The principal office has changed from the original agreement

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John

Attorney

Doctoral Degree

 
7,318 satisfied customers
I got recently terminated by my employer, and they have

Hi ,I got recently terminated by my employer, and they have asked me to sign the below letter(not obligatory).Please let me know if there is any issue in signing this letter.---------------------------------------------------------------------------------------------------PLEASE READ CAREFULLY AND CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS SEPARATION AGREEMENT AND GENERAL RELEASE INCLUDES A RELEASE OF ANY AND ALL KNOWN AND UNKNOWN CLAIMS AGAINST ITCOMPANY1 IF YOU DO NOT UNDERSTAND THE DOCUMENT FULLY, DO NOT SIGN IT SEPARATION AGREEMENT AND GENERAL RELEASESEPARATION AGREEMENT and GENERAL RELEASE (the “Agreement”) made this 30th day of March 2016 by and between Employee1 and ITCompany1 Services, LLC and its related and/or affiliated companies (“ITCompany1” or the “Company”).WHEREAS, Employee has been employed by ITCompany1 since on or about September 30, 2015 andWHEREAS, Employee signed an Employment Agreement with ITCompany1 at the commencement of his employment on August 3, 2015; andWHEREAS, Employee and ITCompany1 have discussed Employee's separation from ITCompany1; andWHEREAS, Employee and ITCompany1 wish to resolve and fully and finally settle, compromise, and forever discharge any and all claims and issues that have been raised, or which could have been raised, or which Employee has now or may ever have had against ITCompany1 or which ITCompany1 has now or may ever have had against the Employee; andNOW, THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS:1. Termination of Employment. Employee agrees that his employment with ITCompany1 will cease on March 30, 2016. The Employee agrees that he will cooperate fully with ITCompany1's efforts to transfer Employee's duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition.2. Return of Company Property. Employee agrees to return all Company property in Employee's possession or control to ITCompany1 including, but not limited to, any computer equipment, office keys, credit and telephone cards, blackberry, mobile phone, ID and access cards, and any and all original and duplicate copies of checklists, cheat sheets, training material, reports, company files, calendars, books, employee handbooks, records, notes, notebooks, correspondence, customer lists, manuals, customer lists, computer programs, computer disks, diskettes and any other magnetic and other media materials containing confidential or proprietary information concerning ITCompany1 by March 30, 2016.3. Consideration. In consideration for signing this Agreement, and in full satisfaction of all of the Company's obligations to Employee, the Company agrees that it will pay [sum amount] less applicable statutory deductions within 21 days of receipt of an executed copy of the Agreement from the Employee and the return of all Company property referred to in paragraph 2.4. No Bonus Payment. Employee will be ineligible to receive any bonus payment for calendar year 2016.5. Relocation Airline Costs. ITCompany1 will reimburse Employee on actual expenses incurred by him for one return airline ticket to India.6. Fair Benefit. Employee understands and agrees that the Payment referenced in Paragraph 3 above is more of a benefit than ITCompany1 is required to provide to Employee under any normal policy, plan, procedure or contract with ITCompany1.7. Non-Admission of Liability. This Agreement is not an admission of wrongdoing or liability of any kind by ITCompany1 or any of its former or current principals, officers, directors, representatives, agents, employees, and consultants, and any such wrongdoing and liability is expressly denied. This Agreement is entered into by the parties to avoid and to end all controversies between them.8. Continuing Obligations. Employee agrees to: (a) cooperate fully with ITCompany1 in its efforts to transfer such duties and responsibilities to others as may be necessary to effectuate an orderly and effective transition, including the retention of a suitable successor; (b) respond to reasonable inquiries from ITCompany1' s representatives concerning Employee's projects, activities and matters under Employee's supervision while he was a ITCompany1 employee; and (c) respond to reasonable requests to cooperate with ITCompany1 and its representatives concerning any investigation, claim or lawsuit initiated by any person, organization or entity (including any government agency) against ITCompany1 and/or Employee including but not limited to assisting in the preparation of ITCompany1's defense, consulting with ITCompany1 counsel, attending and/or if knowledgeable, testifying truthfully at any administrative arbitration, judicial or other proceeding. In making requests pursuant to this Paragraph, ITCompany1 agrees, where practicable, to consider the personal and business commitments of the Employee.

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P. Simmons

Attorney

Doctoral Degree

 
34,242 satisfied customers
I live in Georgia and recently left my previous employer (a

I live in Georgia and recently left my previous employer (a major nationwide company with millions of customers) to work for a smaller competitor. Before I left, I signed a separation agreement that granted me some money in exchange for a non-solicitation and non-competition covenant. The non-solicitation clause was broad and included any customer of my former employer nationwide regardless of my relationship to them in my former role. The non-compete section was very narrow, it only included a specific list of businesses in a specific geographic area and excluded the business I was leaving to work for.Now my previous employer is accusing me of breaking the broad non-solicitation clause because I solicited a former customer. I did solicit the customer and it is a breach of that clause the way it is written. I understand that in Georgia, the non-solicitation clause is unenforceable without some limitation of scope (something this one does not have). My retained attorney is suggesting that the narrowed scope of the non-competition clause applies to the non-solicitation clause making both enforceable. They are under the same number in the contract but are separate paragraphs that don't read like they are meant to run together and be one.In short, in an employment contract with separate sections for non-compete and non-solicitation, can the geographic limitations of the non-compete clause be automatically applied to the separate non-solicitation clause to make an otherwise unenforceable non-solicitation clause valid? Neither clauses mention the other.

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Loren

Juris Doctor

 
34,652 satisfied customers
I have signed a contract with a non competition clause. I

I have signed a contract with a non competition clause. I interpreted it to say if I establish a tax prep business within 25 miles, My only restriction is to not prepare a return for an individual or business that had their last tax return prepare by my present employer. I live in Ohio, is it enforceable.the clauses follow. I plan to have every client sign a paper stating that my employer had not done thier previous return.Non-competition CovenantAssociate covenants that during the two-year period following termination of this Agreement (such period to be extended by any period (s) of violation). Associate will not, in the district of employment hereunder or within twenty-five (25) miles from the geographic boundaries of the district of employment, prepare an income tax return, file a return electronically, or provide any additional or alternative products or services that the Company offers in Associate's district of employment for any of the district's clients (that is, persons who last filed state or federal income tax returns were preparedby the Company In the district of Associate's employment or by Associate in breach of this Agreement). Associate acknowledges that Employer has made available to associates information regarding the geographic boundaries of the district of employment.Anti solicitation CovenantAssociate covenants that during the two-year period following termination of the Agreement (such period to be extended by any period (s) of violation). Associate will not solicit, divert or take away, or attempt to solicit, divert or take way, directly or indirectly, any of the Company's clients, including without limitation, those who were services by Associate or with whom Associate became acquainted by reason of access to or knowledge of information gained while employed by the Company.Remedies and Third Party BeneficiariesIf any provision of Section 9, 10, 11 or 12 are violated, Associate shall pay to the Company all monies and other consideration received as a result of or pursuant to the unauthorized act or acts. The foregoing provision Is not an exclusive remedy, but is cumulative to any and all other remedies available to the Company or law or in equity, including but not limited to recovery of actual damages, attorney fees, and injunctive relief when appropriate. It is intended that H&R Block Tax Services, Inc.and its affiliates be third party beneficiaries to this Agreement.

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Infolawyer

Attorney

Juris Doctor.

 
36,614 satisfied customers
I signed a contingent employment offer with a company which

I signed a contingent employment offer with a company which included a "non-competition, confidentiality, and invention assignment agreement." The offer is contingent upon the company being awarded the work.I was contacted by another company which I believe is competing for the same contract. I believe the other company will also offer employment for the same position.Can I accept two different contingent offers from companies competing for the same work?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
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