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I need an employeement lawyer. Mass. Filed unemployment

Customer Question
I need an employeement...

I need an employeement lawyer

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Mass

Lawyer's Assistant: Has anything been filed or reported?

Yes filed unemployment employee was laid of

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So my boyfriend is an electrician and he was laid off with no notice. 26 years ago the made him sign a no compete clause. However it is my understanding that even though he signed the no compete. It may not really apply to an electrician who is in a trade and does everyday common electrical work... no trade secret, they say he can’t work for the hospital but the hospital has offered him a position. Also when he was let go they took his iPad and phone. Apple automatically set up his personnel accounts on both. Does the employer have any legal right to go in and look at his personal texts or emails once he was let go?

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/9/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,465
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Please do
Customer reply replied 4 months ago
I can’t call right now we are in a place that is nois
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry to hear about your situation. So, a non-compete is going to be legal if it is reasonable in its time, scope, and geography. This means that a non-compete will be enforceable if it is less than two years, does not prohibit a person from working for anyone, and is limited to within like a 75 mile radius or less, it'll be reasonable. Some courts will consider some agreements unenforceable if the employee doesn't have any trade secrets or is not a top level executive. In addition, if an employer does sue for breach of the non-compete, the employer still has to prove damages.

In your case, because I don't have a copy of the non-compete, I can't tell you for sure; however, if he just does regular electric work, it is likely that the employer won't suffer any damages and a court would probably not award them anything.

As far as the phone and iPad, they would be able to read his personal texts. They don't have some legal right to do so; however, if he was using the things for personal use, because it is property of the company, they can't be prohibited from looking.

What other questions did you have for me regarding this?

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Customer reply replied 4 months ago
Even if he is no longer an employee and what about private email
Lawyer: Legal Eagle, Lawyer replied 4 months ago

If he was using the phone for private use, there's nothing specifically in the law that would prohibit them from looking, unfortunately. My recommendation would be to move all of his emails that he doesn't want seen out of that email address. I usually recommend to employees they don't use the employer-provided things for personal use because so long as you're using employer-provided devices, because it is their property, they're not prohibited from looking. Is there something concerning legally on there?

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Customer reply replied 4 months ago
Well he has been texting future employers and the bosses are highly unethical so we are afraid he will try to stop his employment opportunities
Lawyer: Legal Eagle, Lawyer replied 4 months ago

I understand. If they are spreading misinformation, then it'll be defamation.

Defamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

Although I don't know the full extent of what was the supposed defamatory statement, run the alleged statements through that analysis to see if it fits.

How else can I help you today?

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