I worked 12 years for a marketing company and decided to leave due to a few issues I didn’t agree with.

17 Comments

1. AnonymousApril 20,2023 at 6:49PM UTC

   Have you read it carefully, a lot of times if they pull the plug it’s voided.

2. AnonymousApril 20,2023 at 7:19PM UTC

   Watch what's going on with the new FTC ban on non-competes. Public comments ended yesterday. Ruling to come.

3. AnonymousApril 20,2023 at 8:45PM UTC

   If you're in California, non-competes are completely useless and voided.

   Even companies that have it in their contracts/ agreements, it cannot be enforced in CA. Employers who do this are hoping their employees don't pay attention/ know their rights. Even if the company is not located in CA, but you live in CA, non-competes are not enforceable in the courts.

4. AnonymousApril 20,2023 at 10:40PM UTC

   I worked in a right-to-work state that struck down non-compete agreements because you have to be able to provide for yourself, so the more specialized you are, the more likely a non-compete will interfere with you getting another job. This was after a big lawsuit in a company I used to work for when they tried to enforce it for a programmer that went to work for a competing software company and took inside assets with him. The problem is that you may have to fight it, and your new employer may not like that you have to.

   All that said, the best advice is to check with your state's Department of Labor to see how enforceable the agreement is.

5. AnonymousApril 21,2023 at 11:52AM UTC

   You really need to look at your non-compete that you signed and double check, but you're correct if fired, it make that agreement null and void. Not even sure you'd want to mention a tenure for that less time on your resume to be honest. Good luck.

6. AnonymousApril 22,2023 at 12:55PM UTC

   Non competes usually don’t hold up and also depends on which state you live in, but honestly in my experience if I really wanted to go to a competitor, I would just keep where I work very much a secret until however long the non-compete was up. Usually they are not that long like 6 months to 1 year. Like someone below mentioned, you have to make a living and if you are specialized then it’s even harder to get out of your field. Once I didn’t take a job because I wanted them to change the noncompete. And I know this 1 person who was honest and told the old company where she is going and now they are trying to sue her. min my experience it’s better not to tell them anything and make sure your old colleagues also don’t know.

7. AnonymousApril 22,2023 at 1:09PM UTC

   nda yes, non compete no, UNLESS, the company really wants to push it and or if they have successfully pushed a non compete through against another employee prior and won a case. How long have you been in the same industry? Usually a precedent is key in that regard. agree, do not let people know where you are going.. how small of a world is it where you are?

8. Rosa E HearnApril 22,2023 at 1:14PM UTC

   It won't hold up in court. There is no way anyone can stop you from making an income to survive. As long as you don divulge company secrets nor go after their customers, you'll be fine. However I am not a lawyer so it's better to seek legal advice for your field.

9. Linda LumanApril 22,2023 at 1:32PM UTC

   First I would have an employment attorney review, the $$s are well worth the investment because you may have to answer the question with prospective employers anyway so better to be prepared in advance. As an HR professional, a company's legal right to hold you to a non-compete depends on the agreement, this is why you need legal advice, all are written with different terms and conditions. Again, think of your future job search, you want to be in agreement with your previous company on what is your obligation, is it reasonable and does it still provide you the opportunity to find a job in the industry and role you are most excited about. And you will be well prepared to answer the question if asked by any future employer. I wish you all the best as you land your next exciting role!

10. CEJNYCApril 22,2023 at 2:09PM UTC

    A lot depends on the state in which you're working. Some states enforce non-competes, many do not.

11. AnonymousApril 22,2023 at 1:41PM UTC

    I'm sorry these events happened. Keep your chin up and keep your confidence in check. Get a job where you are happy be the competition figuratively speaking

    shine on. Own it.

    Anyone in a company who's texting a termination notice to

    an employee, ought to taken down a notch. Unethical. Unprofessional. If I was a business owner and my client did this to their employees, they wouldn't receive my money or time. My contract

    termination came via text 1 hour after late id already signed onto company computer (wfh job) it sucked. No warning. Nothing.this had nothing had to do with my abilities. Good gracious!

12. GirlBossanova934974April 22,2023 at 2:01PM UTC

    As others have pointed out, a non-compete served up with an employer termination notice may not hold up in court. Unless you are walking with a customer list, I cannot imagine what you learned about this company in 3-4 months you were there. The fact that you have worked in the industry for a dozen years, means you probably know most of the competition. Feel free to work for the competition.

13. AnonymousApril 22,2023 at 2:45PM UTC

    As someone who works in HR and deals with non-competes regularly; since they released you with such short tenure, request to be released immediately from the agreement in writing (email works) to HR or direct manager. Some info for you FTC is motioning to dissolve Non-competes (Jan 2023) because they bar employment; further courts tend to side with the employee as others mentioned given your years of experience in the industry, highly doubtful that it would/could be enforced in your situation, and I’ve seen far more contentious situations be dismissed/released. Your age also comes in to play if you are 40+ ;Requesting a release from the employer, sighting your abrupt termination and need to find gainful employment is not only professional, it helps build your defense. You do also have a right to have a copy of the agreement and encourage you seek legal council. They may review for free or small fee. Not knowing your exact situation or the company ignoring it could be costly to you. They can make it painful in time and money. If you ever experience this again, and I hope you never do, request to be released at time of termination.

    As you move forward do your homework, I always encourage candidates to ask to meet with people on the team, ask to spend an hour or two in the work environment and always ask why the role is open. Research the company as well.

    Trust that you will find your absolute best fit & brighter tomorrow!! Best of Luck to You!

14. AnonymousApril 23,2023 at 6:22PM UTC

    Thank you very much for your detailed response. Much appreciated.

15. croblesmbaApril 23,2023 at 8:59PM UTC

    Welcome!

16. AnonymousApril 22,2023 at 6:15PM UTC

    you cannot be made to not work. check your local regulations re non-compete clauses they are generally not enforceable. Speak to an employment attorney and have them review in case you have real concerns.

17. AnonymousApril 22,2023 at 8:38PM UTC

    Please read the non-compete that you signed carefully. It may say it survives termination of any kind. You understand the reason for this term is that you could take proprietary information even if only there for a short time. As already suggested you could request the company that terminated you to release you from the non-compete. and of course, you would need to have that in writing by a person authorized to change the terms of your contract, usually an officer of the company or corporation. Depending on what state you are in, it could be strongly enforced.