Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

My company was acquired 3 years ago. I am one of their top

Customer Question
Hi, my company was acquired...
Hi, my company was acquired 3 years ago. I am one of their top sales reps. this year when they are planning to have us sign non compete agreements. can they withhold my pay if I don't sign? I am planning on resigning on 2/1 and just have to get thru the next couple of weeks to do so. I will start at another company 3/1 which I do not plan on telling them about. just leaving to consider my options. how do I avoid signing between now and then and also know what my rights are about getting paid for what I have already sold
Submitted: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 minutes by:
1/13/2016
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,450
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

They can't withhold earned pay, as that would be a violation of your state's wage payment act. You'd be able to file a complaint with your Department of Labor or a lawsuit to have the pay issue resolved.

The harder part here though is not signing it before you leave. They can essentially give you an ultimatum that you either sign it or you no longer have a job. That's not illegal and if they are making signing the document a part of continued employment, you can't avoid that in any legal way other than refusing to sign it and losing the job sooner than you'd like.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 2 years ago

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Customer reply replied 1 year ago
you did not really answer me. I resigned/retired from this current company. I never signed a non complete, just a confidentiality thing not to steal their trade secrets but they don't make anything so not sure what that is for... and I will probably join another company soon...since I did not sign a noncompete I should be free to work wherever I want correct? their departure paperwork references a non compete but I checked with HR before I left as I knew I never signed it (we were acquired by this company and I refused to sign a non compete when asked 3 or 4 years ago...) they ruined our company so now I am leaving..I am 66 and decided to use that as my excuse to exit w/o fan fare but will come out of "retirement" when I am ready in a few months...so just want to be sure I am a free ...thanks.
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago

For some reason, this question states that it has prior replies, but they are not showing up. I'll address everything I see here anew.

As you did not sign a non-compete agreement, you are free to work where ever you want and you are free to work with whichever client that you wish.

Making reference to a non-compete which you have not signed has no legal effect, so that is not cause for concern for you.

Nothing about stating that you were leaving to retire and then going back to work is an issue for concern either. As an "at will" employee, you don't have to legally justify leaving.

Your only concern then is not using their proprietary information or disclosing those "trade secrets (if there are any)" to the new employer or anyone else.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Ask Your Own Employment Law Question
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

Ask Your Own Employment Law Question
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,450
19,450 Satisfied Customers
Experience: Employment/Labor Law Litigation

Allen M., Esq. 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

19,450 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,316 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 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

3,912 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.

< Previous | Next >

Related Employment Law Questions
The US dept of Labor did an investivation of my past
The US dept of Labor did an investivation of my past employer, they found out the employer owes me a lot of back pay and said they had till the 10th to pay out. They did not pay out, now I would like … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to know if your a labor lawyer in NYS. I have a
I need to know if your a labor lawyer in NYS. I have a specific question regarding New York workman's compensation insurance requirements. … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
Is it required by Wyoming law to pay an hourly wage earner a
Is it required by Wyoming law to pay an hourly wage earner a higher wage if she substitutes for her supervisor when the supervisor is absent from work? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,334 satisfied customers
Wage lawyer.. Looking for advice only. Taking it very
No, looking for advice only. Taking it very cautious. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,553 satisfied customers
My wages consist of a base and then a quarterly bonus that
My wages consist of a base and then a quarterly bonus that is up to a max percentage of my base calculated somewhat arbitrary on basis of performance, revenue, size of bonus pool, etc. My compensation… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Possibly....labor law. A simple one methinks, however;
possibly....labor law. A simple one methinks, however; right-to-work state. Done a bit of research … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
I need a labor law attorney. No applicable. It is a
It is a contractual relationship and not an employment relationship … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,300 satisfied customers
I'm wondering what the labor laws are regarding lunch hour
Hi, I'm wondering what the labor laws are regarding lunch hour deductions. Our employees punch in and out and at times they forget to punch out for lunches that they are scheduled for and have taken. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
Is payment of wages required to a person who holds and H1-
is payment of wages required to a person who holds and H1-B visa in order for that visa to remain valid, if the person is not laid off or otherwise terminated? … read more
KLAW
KLAW
Juris Doctorate
1,773 satisfied customers
What is the minimum wage in Maryland? The paycheck shows
The paycheck shows regular 80 hours for 2 weeks with an overtime of 10 plus hours. The paycheck is the same each week - … read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I was wrongfully terminated with wages withheld after many
I was wrongfully terminated with wages withheld after many years of workplace harassment, discrimination and bullying. I live in NY, what are my legal rights? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
Does the Labor Management Reporting and Discloser Act cover
Hello Does the Labor Management Reporting and Discloser Act cover public employees such as NY state troopers, if it does not could you please guide me in the right direction for a cause of action I co… read more
John
John
Employment Lawyer
Doctoral Degree
3,912 satisfied customers
The department of labor is claiming we need to back pay
the department of labor is claiming we need to back pay employee's lost wages for time that was never reported. all hours reported by the employee's were paid. how can the employer be held accountable… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm having trouble locating a labor law lawyer here in ABQ.
I'm having trouble locating a labor law lawyer here in ABQ. NM.know one seems to have had a case in the situation of collection of final pay check. Back in July Partrick from this site explained the s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Tina, The roofing company owes me back wages from sales
Second opinion] Good afternoon Tina, The roofing company owes me back wages from sales made. He is not willing to pay me and has put me off for over 6 weeks, what can I do to obtain my money?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the labor laws for volunteers? I worked a Blues
What are the labor laws for volunteers? I worked a Blues festival last Sunday and was promised a shirt, lunch, breaks and a ticket to the rest of the show that day. I was told I violated one of the ru… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
I have a State wage and hour or labor law question relating
I have a Washington State wage and hour or labor law question relating to notifying employees about tip pooling/tip sharing? The question is do we need to provide our tip pooling/tip sharing policy in… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 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