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Old 05-19-2009, 04:48 PM
 
2 posts, read 118,258 times
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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,
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Old 05-19-2009, 04:51 PM
 
138 posts, read 357,786 times
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When you gave notice it is the same as quitting, hence no severance. Non compete, enforceable in some states not in others. See a NC lawyer, or whatever state you are moving to (NC may apply no matter where you go.)
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Old 05-19-2009, 04:54 PM
 
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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?
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Old 05-19-2009, 05:38 PM
 
901 posts, read 1,428,921 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?
Maybe the supervisor was just surprised and upset that you put in your notice that they sent you home and then later called you back in an attempt to get you to stay on.

Sometimes an employer will want you off the premises immediately if they know you're leaving so you no longer have access to both physical and intellectual property assets or to other employees still working for the company.

You followed the proper protocol by giving two week's notice and the company chose to sever the relationship earlier which is within their rights to do, so don't take it personally. But that doesn't mean you were fired when you in fact quit when you gave notice.

Good luck with the new job....!
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Old 05-19-2009, 06:01 PM
 
Location: under the beautiful Carolina blue
9,122 posts, read 10,669,064 times
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You weren't fired. A lot of companies escort you to the door when you quit. It's not at all uncommon, although it's more likely to happen when you work in a field where you have access to money, or in your case I'm guessing a lot of sales leads. When you work in sales, if you are quitting, you should be ready to walk out the door right then and there, have all your personal items at home already etc.

2 weeks notice is a courtesy on BOTH sides.

GL with your new job.
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Old 05-19-2009, 06:10 PM
 
138 posts, read 357,786 times
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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?


Because they might need a reference in the future!
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Old 05-19-2009, 07:12 PM
 
104 posts, read 326,369 times
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I agree with the comments - your two weeks notice is your resignation and they can make that your last day. Look in your company handbook to see if they require a two weeks notice. If so, and you did put your notice in, you should be paid for those two weeks. Good luck! Also, I wouldn't be worried about the non-compete, especially if you are going into a different sales sector. They are not terribly enforceable in NC.
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Old 05-20-2009, 06:52 AM
 
229 posts, read 663,828 times
Reputation: 120
2 week notice is fluff. Its perfectly legal for an employer to terminate employment whenever (regardless of if you do/do not give any formal notice)

Since they can terminate you whenever they want, they dont have to pay you a dime for the two weeks you wanted to work for but didnt get a chance to work....

And yes, they can legally enforce the non compete clause since you resigned voluntarily.

Good luck!
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Old 05-20-2009, 07:39 AM
 
Location: Chapel Hill, NC
8,509 posts, read 12,655,100 times
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Quote:
Originally Posted by admirer1121 View Post
IHe then called one last time, and told me to set up an exit interview, and that day would be my last day.
And are they paying through that "last day"? I'd get them to commit to that in writing, given their actions, before agreeing to participate in any exit interview. You have no obligation to do so if you're no longer employed (and not getting paid) by the company.
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Old 05-20-2009, 08:46 AM
 
505 posts, read 960,364 times
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Welcome to NC and its "work at will" laws. No requirement to let you have severnce pay or work two weeks.
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