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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116743
Experience:  20+ Years of Employment Law Experience
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I worked Transport, Inc years as a HR Driver Recruiter. I

Customer Question

I worked for JBHUNT Transport, Inc for 4 years as a HR Driver Recruiter. I received a certified letter the other day stating and reminding me that I have a non - compete as a "salesman" ( wrong position ). The letter was stating that I should not compete as a "salesman" for 1 year and go after their customers for 1 year. I live in a right to work state Arkansas. I can pursue another company as a "Driver Recruiter" correct? I think their mistake of thinking I was a salesman gives me the absolute right to pursue another company as a "Driver Recruiter." Please advise. By the way, this company terminated my employment stating they wanted a "fresher" group of people to hire in my place. I am age 54 and this is a clear case of age discrimination. They can't prevent me from making an income especially since they threw me away due to my age I would think. A judge would almost certainly side with me considering these facts..what do you think?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Did you have a non-compete as part of your contract at all? Regardless of the letter saying you were a salesman and incorrectly describing your position, because the letter cannot change any terms of your actual contract with them. You would like to think their mistake in the letter would give you some rights, but their letter is not the contract itself, the contract is what the court would follow, not the letter they sent you as they cannot unilaterally change the actual contract you signed with a letter that clearly says it is a reminder of the contract you signed.

Also, even in Arkansas or any other right to work state, a non-compete agreement can be enforceable as long as it is reasonable in duration (not more than 2 years) and it narrowly protects the employer's interests. So they can prevent you from taking a particular job in a particular area depending on what the actual contract (not your reminder letter) states.

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