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Old 07-15-2009, 01:57 AM
 
2 posts, read 10,499 times
Reputation: 12

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I moved here from out of state a few months ago and got a job working for a company that did contract work for Comcast. I did a good job, never had a complaint. Now this company decides to up and move thier whole operation out of town with one weeks notice. I cant afford to move and I like burque so I find a different company to work for... but they say comcast has a policy that doesn't allow this, I have to wait 60 days before I can work for any other company under comcast... in my state this is illegal and against labor laws - I was told it was because it is considered a "right to work state".

So is NM a "right to work state" and is this fair labor practice in New Mexico?
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Old 07-15-2009, 06:06 AM
 
Location: New Mexico U.S.A.
26,527 posts, read 51,831,987 times
Reputation: 31329
Right-to-work laws are statutes allowed under provisions of the Taft-Hartley Act which prohibit agreements between trade unions and employers making membership or payment of union dues or "fees" a condition of employment, either before or after hiring.

It appears that New Mexico is not a Right-to-work state: Right-to-work law - Wikipedia, the free encyclopedia



Rich
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Old 07-15-2009, 07:12 AM
 
Location: Marlborough, MA
1,732 posts, read 4,453,983 times
Reputation: 826
Have you thought about contacting the Dept of Labor, rather than relying on information received from anonymous posters to a board like this?

This site has links, by state, to relevant agencies and entities.

U.S. Department of Labor -- DOL Services By Location (http://www.dol.gov/dol/location.htm - broken link)
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Old 07-15-2009, 09:00 AM
 
Location: Albuquerque
5,548 posts, read 16,094,932 times
Reputation: 2756
Quote:
Originally Posted by vicnmin View Post
... comcast has a policy that doesn't allow this, I have to wait
60 days before I can work for any other company under comcast ...
I've seen this kind of thing at Intel where Intel can't hire people
away from their contractors and vice-versa.

However, the "agreement" is null if the employee was laid off.

Just because some talking head at your old company said "something"
doesn't mean that they know of what they are talking about.
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Old 07-15-2009, 09:29 AM
 
1,938 posts, read 4,754,073 times
Reputation: 895
Look for work, argue later.

For much of my career I worked under "Non-Compete" agreements and I can't
see how a normal non-compete could apply in this circumstance but the best
suggestion so far is to actually check the specific New Mexico laws.
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Old 07-16-2009, 07:27 AM
 
Location: Sandia Park, NM
265 posts, read 809,911 times
Reputation: 392
I don't know what bearing this distinction might have in your situation, but for the record New Mexico is NOT a right-to-work state, it is a hire-at-will state.
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Old 07-16-2009, 08:55 PM
 
2 posts, read 10,499 times
Reputation: 12
Thanks for the replies.

I checked online, even at the NM state labor site... did a few pages of several searches on google too before I asked here but neither produced anything pertaining to my circumstance. So, I was hoping someone here could point me in the right direction to some credible info... not just gonna take some random's word for it.

Thanks to Rich , I see the whole "right to work" deal does not affect my issue. I just got a job today in a different field that I think is going to suit me better anyways.
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