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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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I need help- lawyers or HR people (or anyone)
I got fired from my job on Friday- real nice, right?
Anyway- my boss wants me to sign an agreement basically saying that I won't sue her if I take the severance.
Within this agreement is an enforcement of the non compete clause I signed last year, four years into my employment.
I was never given any consideration in return for my signing of the non compete so in my mind, the non-compete is invalid.
Of course, she is saying if I don't sign it as is, she'll not only not give me my severance (2 weeks pay + 3 sick days) but she will contest any claims made to unemployment.
any tips?
what should I do here?
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Posted 12/10/07 1:07 PM  |
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Long Island Weddings
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Michi
My Love
Member since 5/05 31600 total posts
Name:
M
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Re: I need help- lawyers or HR people (or anyone)
I would not sign anything like that at all! Please consult a lawyer!
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| Posted 12/10/07 1:24 PM |
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DRMom
Two in Blue
Member since 5/05 20223 total posts
Name:
Melissa
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Re: I need help- lawyers or HR people (or anyone)
Me neither and hate to break it to her that she can not contest your unemployment unless you abandoned your job or were written up multiple times, etc. Non competes are unenforcable in NY anyway but that doesn't mean they can't take you to court. I would definitely consult a lawyer. GL
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| Posted 12/10/07 1:27 PM |
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Blu-ize
Plan B is Now Plan A
Member since 7/05 32475 total posts
Name:
Susan
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Re: I need help- lawyers or HR people (or anyone)
Even if you were fired for cause, she cannot contest unemployment unless you did something illegal like stealing, harrassment or worse.
I wouldn't sign anything.
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| Posted 12/10/07 1:32 PM |
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nrthshgrl
It goes fast. Pay attention.
Member since 7/05 57538 total posts
Name:
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Re: I need help- lawyers or HR people (or anyone)
I agree - she can't contest your unemployment status unless you were fired for misconduct or abandonment. Well, she can contest it, but she would have to prove it & by virute of the fact that you have a severance letter, she'd have a hard time proving it.
Signing a release of claims before agreeing to give severance is standard for companies - as is non-competes. There are a lot of difficulities with enforcing non-competes because there are very narrow definition & at one point, you are infringing on a person's right to do business.
What industry are you in?
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| Posted 12/10/07 1:35 PM |
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Sassyz75
Turning a new page
Member since 5/05 9731 total posts
Name:
Dina
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Re: I need help- lawyers or HR people (or anyone)
I work in promotional products- a specialized type of advertising (any product with a logo on it).
I didn't sign anything by the way.
I also don't know if I should even collect unemployment b/c I will soon be trying to get a mortgage.
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| Posted 12/10/07 1:38 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: I need help- lawyers or HR people (or anyone)
I'm very sorry you lost your job.
Message edited 12/10/2007 1:46:02 PM.
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| Posted 12/10/07 1:39 PM |
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Kara
Now Zagat Rated!
Member since 3/07 13217 total posts
Name:
They call me "Tater Salad"
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Re: I need help- lawyers or HR people (or anyone)
.
Message edited 12/10/2007 1:46:13 PM.
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| Posted 12/10/07 1:40 PM |
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Woodsy
LIF Infant
Member since 6/05 241 total posts
Name:
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Re: I need help- lawyers or HR people (or anyone)
Posted by Sassyz75
I got fired from my job on Friday- real nice, right?
Anyway- my boss wants me to sign an agreement basically saying that I won't sue her if I take the severance.
Within this agreement is an enforcement of the non compete clause I signed last year, four years into my employment.
I was never given any consideration in return for my signing of the non compete so in my mind, the non-compete is invalid.
Of course, she is saying if I don't sign it as is, she'll not only not give me my severance (2 weeks pay + 3 sick days) but she will contest any claims made to unemployment.
any tips?
what should I do here?
Release of liability is standard with severance/separation agreements.
Non competes signed during employment do not need additional consideration. Continued employment is considered valid consideration in that instance.
I would check your handbook about any accrued but unused vacation because your company would be bound by that, separate and apart from the severance agreement.
I don't see how she could contest unemployment....
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| Posted 12/10/07 1:52 PM |
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Emily
Kasey & Me! Lurves it!
Member since 7/06 8703 total posts
Name:
STBHC
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Re: I need help- lawyers or HR people (or anyone)
Your consideration for signing a non-compete was your employment. You don't get extra for performing an obligation you signed a contract to perform. Your non-compete ios valid and enforceable in a court of law.
If your position is available in another industry then it does not even matter. If you have only done "banking" for 10 years and it is all you know, you can go to court and fight the non-compete so you can work in "banking" again. But if you do accounts payable, every industry needs an accounts payable person.
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| Posted 12/10/07 2:28 PM |
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