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Old 02-19-2012, 05:34 AM
LLN
Status: "I'll try to be nicer, if you try to be smarter!" (set 15 days ago)
 
Location: Upstairs closet
3,882 posts, read 5,260,749 times
Reputation: 4543

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Of course the flip side is, you can leave them with no notice, too. It works both ways.
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Old 02-19-2012, 05:46 AM
 
9,586 posts, read 9,470,473 times
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Quote:
Originally Posted by admirer1121 View Post
The non-compete wasn't that restrictive....just that I couldn't compete with the company within 100 miles of where I used to work. I'll be staying in the same state, however, I'm getting into a different line of work where the non-compete won't infringe on my right to work.

Hypothetically speaking.......if your company becomes known as one that won't honor a two week notice.....why will employees in the future continue to offer to work out the 2 weeks instead of just leaving the employer in a bind?
Call the Dept. of Labor, check this w/ them. You can also do this online w/ them.
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Old 02-19-2012, 10:50 AM
 
41 posts, read 22,603 times
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Quote:
Originally Posted by admirer1121 View Post
I saw a similar question about 3 months ago, however, my situation is slightly different.

I recently quit the company I've been at for almost 7 years, to take a new opportunity in sales. When I put in my two weeks notice, my immediate supervisor literally threw me out of the office. After calling a couple of times to see if he could talk me into coming back, he realized that I was gone for good. He then called one last time, and told me to set up an exit interview, and that day would be my last day.

I understand the NC is a employment at will state, and that you can be fired at any time. My question is that I had a non-compete clause with this company that stated within that I couldn't work for a competing company for a year afterwards, and it also included a severance package that outlined I would be paid 6 months salary in the event that I was fired.

If they told me not to come back does that consitute being fired? If not, would my non-compete clause still be enforceable? Those are the two main questions. Obviously in the case that I was fired, I would be looking to collect my severance package. Anybody that has literature on this, or can point me in the right direction would be greatly appreciated. Thanks in advance,
Non-competes are hardly ever enforced, ever in this state.
Yes, its an at will employment state.
Unless you are just outright stealing customers - to hell with them.
You need to be successful and ensure your survival - companies don't care if you live or die.
You gave them 7 years and they disgraced you with this behavior.
You have to do what is best for you - its 2012 - employees are just termites in the corporate world.
Get a good lawyer and stick it to them and throw the non-compete in the garbage.
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Old 02-27-2012, 08:59 PM
 
18 posts, read 22,960 times
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I think "Two Week Notices" are a dinosaur relic of the past. Now granted, you don't want to "burn a bridge" by throwing your computer on the Ground, destroying stuff ;-)

but to expect someone to work out "two weeks" (after they already have somewhere else to be--and quit for a "reason"---the majority of people say they quit a "boss" (not a company)---I just turn them loose. Let them go.

I think the only "expected" time would be if you are on a Project Based Deadline, and common courtesy to your teammates would be to transition someone in. But, even then, doubt they'd want you to.

I'm guessing this "Relic" was from the 1950's/60's where people worked 30+ years at a job, so if they ever quit--they'd *HAVE TO HAVE* the former employer say good things about them.

Now THE AVERAGE Tenure of an employee is 18-months at a job. Hardly the commitment necessary for a 2-week notice. Besides, "checking references" is nonsense-The only references someone is gonna give a new employer is those that of course will say glowing things about them.

I think a much better judge is how "New companies" Interview--Logic Puzzle Based (to see how you think)--Group Interviews (to get different perspectives/Vibes from your potential Co-workers)--and hard skills based interviewing. (oh, so you sold so and so before, tell me about your largest client, how did you get in the door, tell me about the sales cycle, etc.etc.)

And all these scenarios can be interchange with Technical Worker Questions, most employees.

The entire "Interview Process" I think is HOGWASH anyway--I think everyone should be a "Contract Employee" for X-Period---to see if it works out---with a back end buyout if it does not work out. (figure out whatever your Cost to Hire is, 1/2 and give that as the "buy out clause".

Friend did that at his current company---6-month "trial" (didn't work--but had negotiated a $25,000 buy out, and even negotiated to work out, get paid for his final months). So was good all around.
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Old 07-26-2015, 04:20 PM
 
4,254 posts, read 2,922,017 times
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The moment you said you were quitting, you are considered to no longer work there, in a right to work state, a non right to work state, and even a union job.

Your giving 2 weeks notice does not bind a company to accept that and you will be given that two weeks of work with pay, ONLY if it fits a companies needs and agenda. A large percentage of the time, they go by the notice you are quitting and end your employment immediately and pay ceases immediately.

Don't be mad at the company, that they don't want to pay you once you quit, so you will have an income till the new job starts. They have found over time, that when a person gives a 2 weeks notice they are mentally out of there, and do not really earn the money they will be paid if they are allowed to work another 2 weeks.

Quote:
The entire "Interview Process" I think is HOGWASH anyway--I think everyone should be a "Contract Employee" for X-Period---to see if it works out---with a back end buyout if it does not work out. (figure out whatever your Cost to Hire is, 1/2 and give that as the "buy out clause".
That is a stupid idea. Unless you bring in unusual talent that is nearly impossible to find, no company is going to do that.

Instead they hire on a 3 to 6 month probationary period, and can immediately fire you without even stating a clause within that period if you do not work out with no severance pay. And that is even in most union contracts.

Last edited by oldtrader; 07-26-2015 at 04:43 PM..
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Old 07-26-2015, 05:11 PM
 
Location: Southport
2,459 posts, read 854,110 times
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Quote:
Originally Posted by oldtrader View Post
The moment you said you were quitting, you are considered to no longer work there, in a right to work state, a non right to work state, and even a union job.

Your giving 2 weeks notice does not bind a company to accept that and you will be given that two weeks of work with pay, ONLY if it fits a companies needs and agenda. A large percentage of the time, they go by the notice you are quitting and end your employment immediately and pay ceases immediately.

Don't be mad at the company, that they don't want to pay you once you quit, so you will have an income till the new job starts. They have found over time, that when a person gives a 2 weeks notice they are mentally out of there, and do not really earn the money they will be paid if they are allowed to work another 2 weeks.
Sorry, but I have to ask...what is your motivation for responding to a 6 year old post, that had already received 2 dozen responses similar to yours?
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Old 07-26-2015, 09:50 PM
 
Location: Back Home in the High Country
2,375 posts, read 3,703,406 times
Reputation: 1865
Quote:
Originally Posted by wolfcub View Post
Welcome to NC and its "work at will" laws. No requirement to let you have severnce pay or work two weeks.
You do realize you are responding to a thread from SIX yrs ago?
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Old Yesterday, 05:59 AM
 
Location: Southport
2,459 posts, read 854,110 times
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Quote:
Originally Posted by roadpony View Post
You do realize you are responding to a thread from SIX yrs ago?
Actually, that's what YOU did, lol.
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Old Yesterday, 07:05 AM
 
Location: Back Home in the High Country
2,375 posts, read 3,703,406 times
Reputation: 1865
Quote:
Originally Posted by carolinadawg2 View Post
Actually, that's what YOU did, lol.
So I quoted the wrong one late at night... you've never made a mistake? I don't think I'll lose any sleep over this.
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Old Today, 09:52 AM
 
23,213 posts, read 12,115,453 times
Reputation: 8810
Lesson to be learned from this thread: Never sign a non-compete clause.
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