Announcement

Collapse
No announcement yet.

NDA NCA co. "on paper" in Nevada

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • NDA NCA co. "on paper" in Nevada

    ...but it's owners run part of the business out of Washington State and has employees in Florida and Washington State. They are licensed in Nevada, but have a virtual office and do business in 47 states. They are asking me to sign a NDA NCA agreement, but they say they won't pay me my final check until I sign it. They also say they won't pay me what has already been contracted and signed by clients. In other words I am owed commissions on payments clients have yet to pay the company, but have to and will by contract.

    ????? Does anyone know how laws work work with virtual companies, internet based companies that do business in multiple states, but have employees spread out in various states?

    Thx for your help in advance.

    D&B

  • #2
    Originally posted by Dunn&BadStreet View Post
    ...but it's owners run part of the business out of Washington State and has employees in Florida and Washington State. They are licensed in Nevada, but have a virtual office and do business in 47 states. They are asking me to sign a NDA NCA agreement, but they say they won't pay me my final check until I sign it. They also say they won't pay me what has already been contracted and signed by clients. In other words I am owed commissions on payments clients have yet to pay the company, but have to and will by contract.

    ????? Does anyone know how laws work work with virtual companies, internet based companies that do business in multiple states, but have employees spread out in various states?

    Thx for your help in advance.

    D&B
    Companies that operate in multiple states have to abide by the labor law of the state the work was done in.

    Comment


    • #3
      D&B, you are asking multiple, albeit related, questions from the original post. I presume your factual situation is similar to the Nate74’s.

      First, even if the company has operations in every jurisdiction in the Union, you would not be obligated under a non-compete/non-disclosure agreement you did not sign. Nevertheless, you probably have a common law duty not to disclose confidential propriety information you acquired during your employment with your former employer irrespective of the location of your next job.

      Second, as I understand it, you have worked for your soon-to-be former employer without a non-compete/non-disclosure agreement. Now the company wants to “spring” one on you and hold your last paycheck hostage as leverage. You can refuse to sign the agreement and take action to require your ex-employer to pay you your final check. If you work in Florida, you will probably have to sue them in court to recover your paycheck. If you work in Washington, I think you can contact the state department of labor to file an administrative complaint. (You will need to research this point. Most states have departments of labor which handle such complaints. Unfortunately, Florida does not.)

      In short, you do not have to buckle to this extortion. Moreover, many, if not most, states have statutory penalties for wrongfully withholding an employee’s wages. For example, in Maryland an employer can be liable for “treble damages” for refusing to pay an employee timely. If a Maryland company employer owes the worker $1,500, it could end up having to pay him or her $4,500. In addition, the aggrieved worker could recover his or her attorney’s fees from their former employer.

      Third, the state law applicable to your situation is in all likelihood the law of the state in which you physically work most of the time. You should examine your earlier paycheck. If state or local taxes are withheld from your checks, it is likely that the employment laws of that state are controlling with regard to collecting past due wages, non-disclosure agreements, non-compete agreements and common law duty to keep confidential your former employer’s proprietary information.

      Comment


      • #4
        NV employer holding check....

        The company is out of Nevada (Though only licensed there, they had a virtual office...just a shell, no employees there) the owners live in Washington State. I have their addresses. Some employees work out of Washington State, while others work out of Florida. The company is basically asking me to sign a NCA and and NDA before they pay me my final check. So are you saying I will have to file suit in order to get paid, or file a labor board claim in Washington State where the owners live, or Arizona, where I am?

        Thanks for your help in advance.

        D&B

        Comment


        • #5
          You file wage claims in the state where the work was done.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

          Comment


          • #6
            Dunn&BadStreet, you added your question to another poster's thread. I will
            move your question to its own new thread.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Dunn&BadStreet,

              You've also posted a question in another thread where you stated you are being paid as a 1099.

              Is this question related to that one?

              Comment


              • #8
                Originally posted by lolcat View Post
                Dunn&BadStreet,

                You've also posted a question in another thread where you stated you are being paid as a 1099.

                Is this question related to that one?
                The thread above is:
                http://www.laborlawtalk.com/showthread.php?t=280508
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  So are you saying I will have to file suit in order to get paid, or file a labor board claim in Washington State where the owners live, or Arizona, where I am?

                  You've also posted a question in another thread where you stated you are being paid as a 1099.

                  If you are a 1099 contractor, you cannot file a wage claim, and the labor laws governing mandatory payments of final wages will not apply to you. You would have to file a lawsuit in the state where you live. Do you have a contract that spells out the terms of the commission payments? See if it references what monies might be legally owed to you once the contract has ended.

                  If you are looking for a shortcut to getting your check, it sounds like signing that agreement is not a bad option. NDAs are pretty easy to enforce, and it should be a no-brainer not to speak about the details of your former company's clients or processes. But non-competes are a different story. Some states are frowning upon non-compete agreements that limit employment opportunities in a larger geographic area or in a wide range of related industries or go on for an unreasonably lengthy timeframe. If you are worried about any of the clauses, have it reviewed by an employment attorney in your state to see if it sounds enforceable.

                  Good luck to you.

                  Comment

                  Working...
                  X