I work in Jackson Wyoming in decorative concrete work I signed a non contend with my company and he has been dropping the ball by jumping payroll inspections not only to me but to vendors etc. I just found out he is selling the company and a lot of his clients are asking me to do their future jobs what do I do or can I do to be out of the mess. Oh, and he has decided to not pay overtime and lender our hours even though we refused because we never gather them all.
Hi, DJ. I’m not sure about Wyoming, but in many states failing woefully to pay all wages due, which would include those bounced assessments and overtime, will be a protection to enforcement of your noncompete contract. You should speak to an employment lawyer in a state about collecting what’s owed to you and about how exactly to guard against your noncompete. To collect those unpaid income, you could contact the Section of Labor for help also. Just remember that they are an extremely busy government agency.
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As to the business being sold, it shall rely on state laws and what your noncompete contract says. If the agreement says the business can assign the agreement, or it pertains to their successors, you may be bound even if the company is sold then. Again, this depends on your state’s law.
In Florida, companies didn’t used to have the ability to assign noncompetes. The other concern about a sold company will be whether they continue in your line of work. If a company abandons a line of business, a geographic area, or specific customers, they haven’t any legitimate interest to protect in keeping you from working in those lines, areas, or for those customers.
Question: I signed a no compete in Kansas, and my company relocated to Missouri. Is this enforceable now? Hi, Private Investigator. As I above mentioned to DJ, it will depend on the known facts. If your contract says that you can’t compete in Kansas and the business no more does business in Kansas, they’ll have trouble showing they have the best interest to safeguard. However, if they do business nationwide and continue servicing Kansas customers, then your agreement may be enforceable.
Depending on a state law, you might have a defense if you’re terminated without cause or laid off because of the move. In Florida Here, that would not be considered a defense. Hey, I live in it and Ohio currently under a non compete for demolition and asbestos abatement. Month old son 16!
I feel like I possibly could some how get out of the non comepte because of the lack of hours provided but I dont know. Hi, Chris. Some areas do not let employers to coerce you into signing by stating, “Sign or be terminated.” They require additional consideration, such as pay advertising or increase.
However, state governments like Florida say that continued employment is enough to account for a noncompete. In your case, however, it sounds like your employer knew these were heading to cut your hours when you were demanded by them indication. That appears like a fraud in the inducement to me. It might be a defense to enforcement of your noncompete contract. You should speak to an employment lawyer in a state about your rights.
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