1 month notice for termination of conract
I signed a contarct which says either party can terminate the contract by giving 1 month notice. It also says that I cannot work for their clients for 1 year from the date of termination.
This company gave me so much grief that I want to quit immediately and work for the client directly. What are the legal implications.
Answers (1)
Be Careful What You Sign
The recruitment/initial hiring period is such a honeymoon phase of employment that a lot of employees willingly sign documents that could bring tremendous legal difficulties in the future. These documents can and will (in some cases) be treated as contracts and the employee will be required by law to abide by the terms of the agreement.
No lawyer can give you legal advice about rights that come from a document that the lawyer has never seen. Plus, there may be circumstances surrounding the time that the document was signed that could affect how it is treated under the law.
Courts have and will force employees to abide by promises not to go to work with other companies (like clients and competitors) for set periods of time. It all depends on the individual situation, however. One court upheld a promise that the employee would not work for a competitor for five whole years!!
An ounce of prevention here may very well be worth a pound of cure. You should take the documents you signed to a lawyer and get legal advice. While you are reluctant to pay for a consultation, it could cost you thousands of dollars to have to hire a lawyer to defend you when the employer sues and tries to get a restraining order to keep you from working for a client or competitor. Plus, many former employers have been known to contact the client/competitor and tell them of the written promise not to go to work for them, which could cost you the job. Most employers do not like being sued by their new employees' former employer. You need to consult with a lawyer in Texas who knows employment law and the laws about covenants not to compete.
posted by Margaret A. Harris | Nov 25, 2001 4:11 PM [EST]
The recruitment/initial hiring period is such a honeymoon phase of employment that a lot of employees willingly sign documents that could bring tremendous legal difficulties in the future. These documents can and will (in some cases) be treated as contracts and the employee will be required by law to abide by the terms of the agreement.
No lawyer can give you legal advice about rights that come from a document that the lawyer has never seen. Plus, there may be circumstances surrounding the time that the document was signed that could affect how it is treated under the law.
Courts have and will force employees to abide by promises not to go to work with other companies (like clients and competitors) for set periods of time. It all depends on the individual situation, however. One court upheld a promise that the employee would not work for a competitor for five whole years!!
An ounce of prevention here may very well be worth a pound of cure. You should take the documents you signed to a lawyer and get legal advice. While you are reluctant to pay for a consultation, it could cost you thousands of dollars to have to hire a lawyer to defend you when the employer sues and tries to get a restraining order to keep you from working for a client or competitor. Plus, many former employers have been known to contact the client/competitor and tell them of the written promise not to go to work for them, which could cost you the job. Most employers do not like being sued by their new employees' former employer. You need to consult with a lawyer in Texas who knows employment law and the laws about covenants not to compete.
posted by Margaret A. Harris | Nov 25, 2001 4:11 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers