Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I currently work for a nursing home facility as a Food Service Director. It was announced that the company is looking to sell the building, and that the new owner's would require a noncompete contract to be signed preventing me from working for competitors for a period of time ranging from one to two years.
But what do I do if things do not work out with this company? My certification is specialized for working in these types of facilities.
It doesn't seem as if I have much of any option. The only option seems to be being forced into signing this agreement if I want to have a job and not be on the search again. If it doesn't work out, I'm not sure what to do.
Anyone have experience with these types of contracts?
They call it unethical to breach a contract like this to find work. I think it's unethical to mandate signing the contract in transition of ownership to an already existing position. And to have to pay the lawyers to pay one's way out of the contract is B.S.
People just trying to survive in this world getting pushed around by the corporate bullies.
Consult with a labor attorney. Seriously. Some states take non-competes more seriously than others. My company for example has a very narrowly defined non-compete, listing particular companies that we can't go work for. There are ways around it, but don't let me give you legal advice.
Also, you may just refuse to sign it, what are they gonna do.
Consult with a labor attorney. Seriously. Some states take non-competes more seriously than others. My company for example has a very narrowly defined non-compete, listing particular companies that we can't go work for. There are ways around it, but don't let me give you legal advice.
Also, you may just refuse to sign it, what are they gonna do.
Fire the OP?
But I do agree consult with a labor attorney. I had a friend with a non compete and was able to move to a new job no problem.
The main reason for employers demanding a non-compete is to deter employees from filching customers if they leave. If you leave and then go to all the current customers you service and solicit their business, your current employer has some protection against that - which is perfectly logical. I wouldn't sweat it it too much.
I doubt very much that it would be enforceable at all in your situation, but would be a good idea to run it past an attorney who specializes in business contracts. The way you've said this contract is written would keep you from earning a living in your profession and normally contracts written like this are not enforceable. Normally, these contracts are more common and more enforceable against the person who owns and is selling the business and not the employees of the business who have no ownership interest.
Non-competes that are not reasonable and narrowly defined and that restricted and inhibit your ability to earn a living are almost universally not legally valid. also if they do not give you significant compensation in return for you signing it, it is also usually TP. It varies from state to state but in almost all states any restrictive and uncompensated noncompete will be tossed out by the courts sometimes just on the merits.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
