Do we have any Lawyers on here?

[ParadigmDawg]

Yep, I think it is worth the risk.

I just found out that a former peer of mine, that also worked at the same place that holds my non-compete, took a job at the same place I am looking at. He took a position in an established market so it was more a lateral move for him.

He has been there a couple of months and I asked him bout his non-compete. He said our former company sent him and the new company and initial scare letter and the new company sent a rebuttal and he never heard anything else.

Watching how it goes for him the next 3 months may prove to be insightful to me. He had 11 months left on his agreement.

Regardless, when the time comes, I will speak to a lawyer.

Crap, he just received a new letter talking about the court date. I'm glad I get to see what happens here before I decide anything.

 

[ParadigmDawg]

So, I have been still negotiating with this new company. We hammered out the final details in which they accepted my counter offer. I shot high compared to their first offer and was willing to come down quite a bit on salary but they responded, within 2 hours this morning, that they would accept the terms.

They are willing to put me in a different division for 3 months, if the non-compete comes into play and at that point it would be expired.

 

[adwilk]

Congrats, man.. Sounds like its all going to work out... Good news for sure..

 

[ParadigmDawg]

Congrats, man.. Sounds like its all going to work out... Good news for sure..

I was thinking about going pro as a Golfer but I can't seem to hit that little ball...

 

[adwilk]

How do you feel about sponsoring or investing in one?

 

[ParadigmDawg]

How do you feel about sponsoring or investing in one?

I feel good about it, what's your address and when's the next time you will be out of town?

 

[ParadigmDawg]

I went ahead and hired a Lawyer, he says that there are holes all in my contract and he doesn't think it can be enforced. I will have more detail next week.

 

[Gordonj]

So, I have been still negotiating with this new company. We hammered out the final details in which they accepted my counter offer. I shot high compared to their first offer and was willing to come down quite a bit on salary but they responded, within 2 hours this morning, that they would accept the terms.

They are willing to put me in a different division for 3 months, if the non-compete comes into play and at that point it would be expired.

Congrats!!

Always a good idea - as you did - to have a lawyer review just so you know what you are getting into.

I am a business owner that uses non-competes and we only have them for the ones who try to directly steal clients from us with the information that they got from working within the firm. Lawyers will generally tell you that non-competes can be difficult to enforce in most cases, but they are not really for most case but for the case when things get out of hand.

Congrats again!!!

 

[ParadigmDawg]

Congrats!!

Always a good idea - as you did - to have a lawyer review just so you know what you are getting into.

I am a business owner that uses non-competes and we only have them for the ones who try to directly steal clients from us with the information that they got from working within the firm. Lawyers will generally tell you that non-competes can be difficult to enforce in most cases, but they are not really for most case but for the case when things get out of hand.

Congrats again!!!

I think that's where it gets tricky, I am going to directly steal clients from my old job but I brought them in in the first place. I have about 5 accounts that follow me wherever I go and I took them to my old job and I will take them to my new job.

As far as using company info to get clients, I am not doing that. I am in medical sales so any dummy can figure out you need to go to hospitals and doctor offices. Nothing more complex than using a phone book so I don't know how the former company can claim that it is their accounts.

 

[adwilk]

The biggest contributor to customer loyalty is employee loyalty. You're obviously good at what you do- your former employer would have found a way to keep you around if they valued "their" clients that much. Eff em... go get yours.

Oh, and I'll PM you address and schedule. Lotta weirdos on the internet trying to scam people.

 

[ParadigmDawg]

The biggest contributor to customer loyalty is employee loyalty. You're obviously good at what you do- your former employer would have found a way to keep you around if they valued "their" clients that much. Eff em... go get yours.

Oh, and I'll PM you address and schedule. Lotta weirdos on the internet trying to scam people.

It's so strange how people view non-competes. The VP of Sales at the job I am taking said that when/if the former company's lawyer calls me; I should just tell them to Eff off. He said they won't be able to touch me but that goes back to me having more to lose then him...

Before you send me your schedule(I found your address) remind me what your HT consists of and let me know any other things of values you keep around the house.

 

[adwilk]

It's so strange how people view non-competes. The VP of Sales at the job I am taking said that when/if the former company's lawyer calls me; I should just tell them to Eff off. He said they won't be able to touch me but that goes back to me having more to lose then him...

Before you send me your schedule(I found your address) remind me what your HT consists of and let me know any other things of values you keep around the house.

Personally, I think they should only carry weight when there's some serious intellectual property at stake and not sales channels. If there's a handful of companies that you could work for and secure those accounts, then there clearly isn't a level of product innovation that needs to be protected. But whatever.. you're doing things the right way and its all gonna work out fine...

HT is a bit scattered, but multiple TV's, Some Carver amps, TC subs, Klipsch, Infinity, Axiom, Yamaha, speakers... Most boxed up in the garage... Collection of Scotty Cameron putters- some vintage Ping Stuff- Autographed Masters Memorabilia, First Annual Twister mat signed by all the participants.... Bail of dope, 32lbs of cocaine, 3 hookers on retainer. I'm sure we can work something out.

 

[ParadigmDawg]

Personally, I think they should only carry weight when there's some serious intellectual property at stake and not sales channels. If there's a handful of companies that you could work for and secure those accounts, then there clearly isn't a level of product innovation that needs to be protected. But whatever.. you're doing things the right way and its all gonna work out fine...

HT is a bit scattered, but multiple TV's, Some Carver amps, TC subs, Klipsch, Infinity, Axiom, Yamaha, speakers... Most boxed up in the garage... Collection of Scotty Cameron putters- some vintage Ping Stuff- Autographed Masters Memorabilia, First Annual Twister mat signed by all the participants.... Bail of dope, 32lbs of cocaine, 3 hookers on retainer. I'm sure we can work something out.

I just got off the phone with my lawyer again. He said just go ahead and take the position. His basic consensus was that the non-compete was too broad and the former company would have to file a reform before they could collect any damages. He said that would be difficult to perform before mine expires so he doubts that anything will be done. He also said the wrong name on it does make a difference, not huge but it just helps confirm the general sloppiness of the contract.

Sweet, I am off for 4 more weeks so get that schedule to me!!!!

 

[lsiberian]

I just got off the phone with my lawyer again. He said just go ahead and take the position. His basic consensus was that the non-compete was too broad and the former company would have to file a reform before they could collect any damages. He said that would be difficult to perform before mine expires so he doubts that anything will be done. He also said the wrong name on it does make a difference, not huge but it just helps confirm the general sloppiness of the contract.

Sweet, I am off for 4 more weeks so get that schedule to me!!!!

Congrats on the new job.

 

[Gordonj]

I just got off the phone with my lawyer again. He said just go ahead and take the position. His basic consensus was that the non-compete was too broad and the former company would have to file a reform before they could collect any damages. He said that would be difficult to perform before mine expires so he doubts that anything will be done. He also said the wrong name on it does make a difference, not huge but it just helps confirm the general sloppiness of the contract.

Sweet, I am off for 4 more weeks so get that schedule to me!!!!

Sounds great!

It really does not sound like you have aaything to worry about so - ROCK ON!

Gordon

 

[ParadigmDawg]

I am usually pretty good about making a clean exit but that may not happen this time. I was trying to hold on until the last day of December so my BCC surgery would be under their insurance.

I just received a call from my manager and he wants me to meet with him and the Regional VP of Sales at 5:30 this evening(very unusual). I have a feeling that the word got out and they are planning on axing me. He told me to bring my 2013 territory plan for review and plan on presenting it. That is not even due until Jan 1 and he knows there is no way that I could get this done in a day.

I am going to go ahead and hand them my resignation letter as soon as I walk in. It contains a two week notice but normally when you quit a sales position, you are gone immediately. I really wanted to make it through the end of the year but it doesn't look like I will be able to.

I went ahead and called the company, that I accepted the other position with and they said they could bring me on early once all the paperwork cleared. I am not dying to start a new job at the end of the year but I may just have to.

Heck, maybe I should just take the rest of the year off. I am not really geared up for it as I just paid off a lot of debit.

Crap...I hate when plans back fire!!!!!


***EDIT*** So the dermatologist just now called me and they can bump my surgery up to this Thursday. Now, I just have to hold on for a few more days. Wow, a lot of change in 45 minutes.

 

[ParadigmDawg]

So just a quick update on this in case anyone cares.

The old job did find out I was leaving and axed me early. Well they called me into the above mentioned meeting and I walked in with my resignation letter and I axed them. I told them I could work the rest of the year and they declined that and said our separation would be immediate. I decided not to start the new company early and just have some time off. To my surprise, I received my normal pay until the last day of December. (thanks large unorganized companies).

I haven't heard a word from the company I have the non-compete with and they have to know I am out there. I have taken 5 key accounts away from them already

Today is the last day of my first month. I have been in the field for 3 weeks and I am listed as the #2 salesman in the region. I actually surpassed my number of sales, that I have to be at, by month 6. I was starting to have some self-doubt on whether or not I could start all over again and be successful but it turns out that the Ole' Dawg has a few tricks left.

 

[mike c]

congrats. must be fun to be wanted

 

[lsiberian]

So just a quick update on this in case anyone cares.

The old job did find out I was leaving and axed me early. Well they called me into the above mentioned meeting and I walked in with my resignation letter and I axed them. I told them I could work the rest of the year and they declined that and said our separation would be immediate. I decided not to start the new company early and just have some time off. To my surprise, I received my normal pay until the last day of December. (thanks large unorganized companies).

I haven't heard a word from the company I have the non-compete with and they have to know I am out there. I have taken 5 key accounts away from them already

Today is the last day of my first month. I have been in the field for 3 weeks and I am listed as the #2 salesman in the region. I actually surpassed my number of sales, that I have to be at, by month 6. I was starting to have some self-doubt on whether or not I could start all over again and be successful but it turns out that the Ole' Dawg has a few tricks left.

Sounds like you are on your way to rock star status. Believe me it's a nice position to be in. Keep it up and we should see some nice new toys in the future.

 

[ParadigmDawg]

Sounds like you are on your way to rock star status. Believe me it's a nice position to be in. Keep it up and we should see some nice new toys in the future.

I'm not allowed to buy toys right now.

Don't run over us when we are cycling down the street...