Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

i work for a local beer dist. the original company was sold…

Customer Question
i work for a local...
i work for a local beer dist. the original company was sold 11 months ago and the new owner basicaly forced everyone to sign a non compete contract.........i am a delivery driver .... i was never given any "trade secerets...etc. now that ive been offered and accepted a better job with another dist. they are trying to enforce the contract......
Submitted: 8 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 1 minute by:
6/24/2010
Employment Lawyer: Tina, Lawyer replied 8 years ago
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
Experience: JD, BBA, recognized by ABA for excellence.
Verified

Does the non-compete limit you from working within a certain mile radius of the employer's office or prevent you from working for specific competitors? What is your job with the current employer?

 

Ask Your Own Employment Law Question
Customer reply replied 8 years ago
it only states that i cant work for any competitor ........that sells, dist., services any or all of the same accounts........they are based in charlottesville and i went to work for a dist. in fredricksburg...
Customer reply replied 8 years ago
it only states that i cant work for any competitor ........that sells, dist., services any or all of the same accounts........they are based in charlottesville and i went to work for a dist. in fredricksburg... also they are trying to deny me all my vacation time accrued because i didnt finish out a two week notice.......i left with 2 days left in the notice
Employment Lawyer: Tina, Lawyer replied 8 years ago

I see. Under VA law, this non-compete agreement would VERY likely be overbroad and unenforceable since the employer is trying to prevent you from working for any competitor, even if they are not protecting a legitimate business interest. This is an illegal restraint of trade.

 

Here is more information on the issue:

 

http://www.spottsfain.com/CM/RecentDevelopments/employers_review_noncompete_provisions.asp

 

 

Best regards XXXXX XXXXX

Tina

___________________________________________________________________________________

Even if you have a subscription, please press the ACCEPT button so I may be credited and paid for my time by JA and then request follow-up assistance from me if necessary. Positive feedback and a BONUS are always appreciated. Thank you very much.

NOTE: This open forum is for educational purposes only and cannot constitute legal advice based on rules of professional conduct. I understand that you may be disappointed by the answer you received if it is not favorable to your situation. I work diligently to provide you with the correct answer under the law, whether it benefits you or not. Please do not shoot the messenger if it is not the answer you wished to hear. As always, I continue to be dedicated to providing you with professional and courteous service.

Ask Your Own Employment Law Question
Customer reply replied 8 years ago
what about the vacation time/pay i earned ?
Employment Lawyer: Tina, Lawyer replied 8 years ago

What do you mean? The employer has not paid you for wages owed to you?

 

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, BBA, recognized by ABA for excellence.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

MildredWashington, 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 CustomerDenver, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

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

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have a specific questions regarding getting out of
I have a specific questions regarding getting out of non-compete clauses as a medical professional. Please, only advise if you have experience with this. I am a physician assistant who moved to anothe… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I worked for a company as VP of Sales from 1998 until March
I worked for a company as VP of Sales from 1998 until March of 2013. In February 2013 our company was sold, at which time I signed a 3 year non-compete agreement. I resigned 1 month later, March 2013.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I signed a non compete for my current job and Im thinking
I signed a non compete for my current job and I'm thinking of switching positions. It is for more money going from salary to hourly w/ overtime and I am trying to find out if the non compete is enforc… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
are non compete clauses enforceable in Illinois? I took a
are non compete clauses enforceable in Illinois? I took a new position on 6/21/2013 at a company where I'm not happy. I have only spoken to one customer for about 5 seconds so I don't have any custome… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
If I signed a non compete clause with my current employer 5+
If I signed a non compete clause with my current employer 5+ years ago, is there a time limit to it's validation? How about if my duties changed based on what I signed the original no compete on? BotX… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I work for ABC therapy a contracting company as a therapist
I work for ABC therapy a contracting company as a therapist in a skilled nursing facility. The facility feels the ABC therapy has not held up its end of the bargain in a 2-yr contract, and therefore w… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I work for an anesthesia group contracted by a hospital to
I work for an anesthesia group contracted by a hospital to provide anesthesia services. The hospital has chosen to allow the current contract with my employer to expire. I have a non-compete clause in… read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Is a non-compete agreemen enforcible in Ohio if compensation
Is a non-compete agreemen enforcible in Ohio if compensation and/or job duties are changed and a new non-compete is not signed… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I started my job as a designer and then added a sales position
I started my job as a designer and then added a sales position to my job. I was paid a w-2 along with a sales commission and expenses for a couple of years. I signed a non-compete contract along with … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
In the state of Colorado, my employer is an IT outsourcing
In the state of Colorado, my employer is an IT outsourcing company being purchased by another company. At the original company, we had signed a non-compete/non-disclosure agreement which states that w… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I am an audiologist who left an employment situation 7 months
I am an audiologist who left an employment situation 7 months ago for a "better" position. The better job did not pan out. I've been approached by another employer, but I have a non-compete with the i… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I live in Florida and recently sold the equipment of the business
I live in Florida and recently sold the equipment of the business I sold. I did not sell the business, only the equipment. I have trid finding a job outside automotive, howevr it is the only kind of w… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I had a non compete with a company where I was employed for
I had a non compete with a company where I was employed for 2 months.I went to a competitor.I just recd a letter from their counsel that I cannot solicit their customers or prospective customers.My cu… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
we are an llc , i have 2 partners each 25% and Im 50% , we
we are an llc , i have 2 partners each 25% and I'm 50% , we havea covenant non compete that the previous seller sign. My question is can my 2 partners sign a release without my signature or even if I … read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I am a low level employee delivery driver at a pizza restaurant.
I am a low level employee delivery driver at a pizza restaurant. I had signed a non compete agreement when I started employment. Everyone has to sign it. I have an opportunity to be a managing partner… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I worked for one company for 11 years total, left them twice
I worked for one company for 11 years total, left them twice on good terms to accept another job offer elsewhere. Exployer issued cease and desist letter to stop talking to former colleagues. This let… read more
socrateaser
socrateaser
1,031 satisfied customers
Non-compete contract issue. I was working for an employer who
Non-compete contract issue. I was working for an employer who had me sign a standard non-compete contract while I was employed with them. In November, they released me as an employee but decided they … read more
Family Law Answers
Family Law Answers
Juris Doctorate
1,261 satisfied customers
I am currently under a non-compete/disclosure agreement as
I am currently under a non-compete/disclosure agreement as a production employee. My position changed about three years ago to include management duties as well as production work. Now my company want… read more
Len
Len
Attorney at Law
Doctoral Degree
444 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x