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contractual dilemma...
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| Omega_Blue |
So i've been working at this weld shop for two years now. last october our company got bought out by another one and we had to go through a temp service to get paid.. to "get the payroll figured out." so what they said would only take two weeks ended up taking five months, and today i got a call from the temp agency telling me not to come in to work because the company i've worked for stopped paying their bills. my supervisor tells me to come in anyways.
the next day i come in and i'm handed an application to get re-hired in to the company, but there's this contract that pretty much says that..
- i can't work for any employer that is the same, similar to, or competing with the company i'm employed by for 18 months after i quit or get fired, within a 200 mile radius of my town.
- i can't buy stock of any employer, customer, or affiliate of any company that is the same, similar to, or competing with the company.
- i can't participate in, work for, associate with, or blah blah blah with any of the same, similar to, or competing blah blah blah.
so i tell them i can't sign it. and i get fired. then i'm called three hours later to come back in. they tell me i have a week to decide on whether or not i'm going to sign it. so my questions are..
- is this contract legal?
- how enforceable is this contract?
they tell me that the main reason they have the contract is to cover their asses in case someone wanted to either divulge "trade secrets" to competition or to start their own competing business.. so wtf :conf: |
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| kofrad |
| hmm.. i wanna see the answer to this too. bump. |
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| Nabistai |
| Well that would be perfectly legal actually. You just need to decide if you're going to sign it. Considering the fact that there is a lot of confusing information about your company, I'd apply to another company.. |
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| colonelcrisp |
depends on where are are from. in ontario, employment contracts are covered under the employment act and the labor act. if its in contract form (written) in ontario, any breach of contract is grounds for legal action, possible litigation etc. basically your company could sue you if you are found to be in breach of contract terms. alot of companies have similar contracts. i have one with Ford
im not allowed to work for any other automotive manufactuere for a period of 1 year after my termination or resignation...
the canadian govt is tryint to put through legeslation that would effectively put termination conditions on the members of parliment. basically saying that no member of parliment or high ranking political official can lobby any govt agents for a period of 2 years after leaving their post. |
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| Trance Nutter |
| Spend a couple of days running around to as many other companies as you can finding out if they have positions or are looking to take someone on before you decide. |
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| colonelcrisp |
| o and technically speaking, employment contracts may be written, informal, or oral. although it is quite difficult to make a non written employment contract hold up in court. written contracts are also nice as they outline terms of employment, duties and tasks etc |
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| jonSun |
| Its kinda like a no compete clause i had to sign b4. Dont sign it. |
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| colonelcrisp |
o one more thing, one of the engineers i knew down at the testing lab in dearborn MI left ford this past july and went to DCX, technicaly speaking, it was a breach of his employment contract. however the company needs to prove that you are using privy information and knowledge gained at company A while your are working now at company B ie if you were a lead design engineer on a new car taht was unrelease by ford yet, and you went to DCX and gave them ideas that helped them develop a car that was very simialr, for would sue the out of you. if you started working for DCX and did not use any of that info, you would be fine in court.
these clauses exists basically to prevent the whole IBM vs Bill Gates fiasco with MS Dos |
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| jonze234 |
| isnt microsoft going after a bunch of its execs that left for google because of something similar to this? |
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| Boomer187 |
| quote: | Originally posted by colonelcrisp
o one more thing, one of the engineers i knew down at the testing lab in dearborn MI |
may step dad works there :wtf:
small world.
oh and as mentioned before, your not under contract now, go around job hunting and see if you can get a pay increase and want not...then ask for that with your company now. :wtf: |
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