Florida non-compete for only working there 45 days- was still in prob. period
I resigned my job to accept this position. I was not informed of NCA until say I started. I was not paid what they told me I would make, I quit after 45 days. I was still in prob. period. they were to. No I am being harassed by their attorneys, I have been turned away from perspective jobs,because of their history and I am inelegible to receive unemployment. I am a Advertising Sales Executive and I cannot get ANY WORK AT ALL..Please help. I have no money to afford an attorney of my own.
1 answer | asked Jan 3, 2012 2:04 PM [EST] | applies to Florida
Answers (1)
It is difficult to advise you without seeing the agreement itself. However, if in fact factual misrepresentations about the compensation were made to you by the employer to induce you to accept this position, then you may have a defense of "fraud in the inducement." You have three options, since you can't afford an attorney:
Option 1: You could try sending a letter in response to the attorney's letter stating that you believe the noncompete is unenforceable because the company fraudulently induced you to accept the position and sign the agreement by making material misrepresentations about what your compensation would be. Then see what the response is -- they may back down, or they may not.
Option 2: Contact the company and ask if you can work something out with them. You were only there 45 days, and presumably did not have all that much access to their customers. Mention the fraudulent inducement angle, but say that you are willing to compromise and stay away from specific customers if they will release you from the noncompete agreement. If you reach an agreement, get it in writing.
Option 3: Comply with the noncompete. Get a different kind of job in this geographic area (one that is not prohibited by the noncompete agreement) or relocate outside the area of the noncompete. Chalk it up to a bad experience and move on.
posted by Phyllis Towzey | Jan 3, 2012 2:27 PM [EST]
Option 1: You could try sending a letter in response to the attorney's letter stating that you believe the noncompete is unenforceable because the company fraudulently induced you to accept the position and sign the agreement by making material misrepresentations about what your compensation would be. Then see what the response is -- they may back down, or they may not.
Option 2: Contact the company and ask if you can work something out with them. You were only there 45 days, and presumably did not have all that much access to their customers. Mention the fraudulent inducement angle, but say that you are willing to compromise and stay away from specific customers if they will release you from the noncompete agreement. If you reach an agreement, get it in writing.
Option 3: Comply with the noncompete. Get a different kind of job in this geographic area (one that is not prohibited by the noncompete agreement) or relocate outside the area of the noncompete. Chalk it up to a bad experience and move on.
posted by Phyllis Towzey | Jan 3, 2012 2:27 PM [EST]
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