Legal advice

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Shagoneer
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Legal advice

Postby Shagoneer » Sun Aug 05, 2018 9:03 pm

Is anyone here a lawyer or have experience with business law?
I had to sign a non competition agreement when I started at me job and I’m wondering how far reaching it is.
For example we build solar powered attic fans and lights. Would it violate the agreement to make solar powered car accessories?

Second example we make and sell multilayer insulation. Would it violate the non competition agreement to start an insulation testing company? (We recently sent off a sample of a new product for test and it was $20,000 for them to tell us the r value and that it doesn’t catch fire)

Thanks in advance.


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SJTD
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Re: Legal advice

Postby SJTD » Sun Aug 05, 2018 9:32 pm

I'm not a Lawyer but I'll offer my two cents.

1 - Probably

2 - I think you aren't paying for the testing, you're paying for the Certifications the testing company has which weren't cheap to get.

You'd have to provide a copy of the agreement to anyone who would be able to give you a legitimate interpretation. Along with some money.
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Stuka
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Re: Legal advice

Postby Stuka » Mon Aug 06, 2018 5:51 am

Non-compete agreements are completely void here in California (they were being abused by companies). But in many states are enforceable depending on how far reaching they are.

And as somebody that has made a career in testing, that $20k is covering liability as well as certs. Not to mention the equipment costs.
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Dr. Marneaus
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Re: Legal advice

Postby Dr. Marneaus » Wed Aug 08, 2018 8:17 am

I'm not sure that an internet forum full of people crazy enough to devote their time and effort and money to vehicles such as FSJ's is the best place to ask legal advice.
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Cecil14
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Re: Legal advice

Postby Cecil14 » Wed Aug 08, 2018 8:33 am

You need to ask your employer's HR department. Ultimately what they deem competitive is subjective, if they feel whatever you want to do is going to impede on their current market, or future market interests, they will likely say no. Otherwise, they probably won't care and will wish you well. Just be sure to get it in writing.


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Shagoneer
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Re: Legal advice

Postby Shagoneer » Wed Aug 08, 2018 9:41 am

We don’t really have an HR department we have the owner and his wife. When the last engineer just asked for a copy of it they started looking for reasons to can him so I’m hesitant to do it that way.


I know everyone here is crazy and not the people to normally go to for legal advice, but half the people here are in engineering or fab jobs and I thought someone may have a bit of experience in the area.


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Stuka
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Re: Legal advice

Postby Stuka » Wed Aug 08, 2018 6:46 pm

Unfortunately without seeing the agreement, even a lawyer won't be able to tell you much. Personally I feel they should be illegal in all 50 states. If a company wants to keep you as a worker, they should offer pay/benefits to make you want to stay. Not have some document that makes it quasi illegal for you to get another job. Which is why I am glad they aren't legal here in CA.
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Cecil14
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Re: Legal advice

Postby Cecil14 » Wed Aug 08, 2018 8:17 pm

Stuka wrote:Unfortunately without seeing the agreement, even a lawyer won't be able to tell you much. Personally I feel they should be illegal in all 50 states. If a company wants to keep you as a worker, they should offer pay/benefits to make you want to stay. Not have some document that makes it quasi illegal for you to get another job. Which is why I am glad they aren't legal here in CA.


Amen to that. It should always, without question, be an employee's market, never an employer's.


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REDONE
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Re: Legal advice

Postby REDONE » Wed Aug 08, 2018 9:00 pm

Stuka wrote:Unfortunately without seeing the agreement, even a lawyer won't be able to tell you much. Personally I feel they should be illegal in all 50 states. If a company wants to keep you as a worker, they should offer pay/benefits to make you want to stay.

I agree entirely and have the same sentiments for binding arbitration agreements. If you don't want to get sued, don't break the law! In 2010 Wells Fargo illegally forclosed on me and stole my VA loan benefit. From what I've seen in the news I may finally be getting some relief, but you divide that 8 million they've set aside for the 400 people they admit they screwed, and that $20k is diddly squat compared to what they took from me. Binding arbitration, as well as all the other tort reform that's been pushed in my adult life is only meant to legalize white collar crime. :x
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tgreese
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Re: Legal advice

Postby tgreese » Thu Aug 09, 2018 8:16 am

Dr. Marneaus wrote:I'm not sure that an internet forum full of people crazy enough to devote their time and effort and money to vehicles such as FSJ's is the best place to ask legal advice.

Indeed. If there's significant money involved, pony up and pay for some legitimate legal advice.
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