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LegalGround >> Non-compete - TN State


2/20/08 7:53 PM
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Network Engineer Fin
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Edited: 20-Feb-08
Member Since: 01/01/2001
Posts: 21092
 
Okay, So how would a non-compete work in a state to state basis? TN is also considered a "right-to-work" state and I've heard non-competes don't hold up for crap, etc.,. After looking at the "professional" non-compete agreement written up here - I laughed but wanted to make sure that I had a good reason to laugh. Basically, A friend got hired in by this company to do IT On-site work. He said they gave him crap for hours and he was moving on. They are trying to say with this, he cannot do any IT work on his own for NEW customers. I am no legal hound, but, this just sounds so flawed and wrong to begin with that I am just curious to where you would start ripping something like this apart.
2/20/08 7:54 PM
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Network Engineer Fin
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Edited: 20-Feb-08
Member Since: 01/01/2001
Posts: 21093

 

 


EMPLOYEE NON-COMPETE/DISCLOSURE AGREEMENT

 

For good consideration and as an inducement for xxxxxxx, Inc. ( from herein referred to as the “Company”) to employ _________________________ (Employee), the undersigned Employee hereby agrees not to directly or indirectly expose trade secrets, perform work, and obtain employment with our primary platform providers and/or its contractors during the period of employment and for a period of 1year following termination of employment and notwithstanding the cause or reason for termination. We will keep any profiles and or records on file with 3rd party firms that we utilize for a period of 1 (one) year from the date of termination for any cause.

The term "not compete" as used herein shall mean that the Employee shall not own, manage, operate, consult or be employed in a business directly competitive with, the present business of the Company or such other business activity in which the Company may substantially engage during the term of employment unless specifically allowed by an addendum to this agreement.

The Employee acknowledges that the Company shall or may in reliance of this agreement provide Employee access to trade secrets, customers and other confidential data and good will. Employee agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.

This non-compete agreement shall be in full force and effect for 1 year, commencing with the date of employment termination.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.

Signed this _____ day of ________________________ 20____.



_______________________________________
Timothy R. xxxx– Vice President of Operations xxxxx xxxx, Inc.


_______________________________________

Employee

2/21/08 2:02 PM
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jbapk
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Edited: 21-Feb-08
Member Since: 01/01/2001
Posts: 6686
Were the hours he was getting less then he was originally promised?
2/21/08 10:41 PM
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Network Engineer Fin
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Edited: 21-Feb-08
Member Since: 01/01/2001
Posts: 21102
"Were the hours he was getting less then he was originally promised?" Actually that was one of the arguments - they had him working only about 2 calls a week.
2/22/08 8:07 AM
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Steve72
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Edited: 22-Feb-08
Member Since: 01/01/2001
Posts: 48752
Right to work doesn't have anything to do with noncompetes. It has to do with elections to join a union or not. Noncompetes generally need to have reasonable geographic and time restraints. I'm not a Tennesee lawyer, but that noncompete does not seem unreasonable. Whether they'd actually go to the time and expense to enforce it is a separate question.
2/27/08 8:53 PM
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Dojosensei
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Edited: 27-Feb-08
Member Since: 05/19/2002
Posts: 9859
Used to work for a company that made people sign them. Funny thing was, as the company grew and the new people came in, they were able to sign DIFFERENT no competes. This was BS, the people that started there sooner were not allowed to leave to go even to a HOSPITAL and the newer people, same training, were allowed to go to hospitals if they left just not other competing sleep companies. needless to say, i left and said fuck ya. Never heard a word
3/1/08 11:42 AM
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StretchPlum
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Edited: 01-Mar-08
Member Since: 11/20/2005
Posts: 9125
Net, right to work just means that if a union is elected, the employer and the union can not enter into a contract requiring everyone to join the union, or pay the economic equivalent of membership. The contract nevertheless applies to the "free riders", as the union calls them. Not a tightly drafted noncompete, because, among other items, there is no choice of law provision, defines "not compete" but does not ban competition as opposed to doing work for a provider or contractor,and does not have a provision granting authority to a court to modify its temporal or geographic scopoe if necessary for enforceability in a particular case.

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