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Non Compete/NDA in Nevada Nevada

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  • Non Compete/NDA in Nevada Nevada

    3 years ago I was required to sign a non compete/nda. Agreement says I cannot work for a competitor for 1 year following end of employment. I quit on May 2, but for the preceding year my employer's financial mismanagement make it increasingly difficult to make a living. Push finally came to shove, and I was forced to quit. Employer now is very nasty, because I refused to sign a bogus termination agreement--and has withheld my final check/commissions/expenses, as a result. I have also been threatened with a lawsuit if I should find employment with a competitor. My contention is the employment agreement is a 2-way agreement--meaning I agree to sell products A, B, and C to our customers--in exchange, employer needs to actually provide these products for delivery. They repeatedly have failed to provide product to sell--largely due to non payment to suppliers--we were cut off.

    Do I have anything to worry about? Thank you.

  • #2
    When you showed this agreement to an attorney in your state, what did they say?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Originally posted by cbg View Post
      When you showed this agreement to an attorney in your state, what did they say?
      His exact words were, "this looks like a copy & paste contract" and, "the teeth it has aren't very sharp." Also, there isn't a Nevada judge likely to side with them in the event it gets that far, but since the employer "seems" rather intent on enforcing it, it will be rather expensive for me to defend myself.

      It's a gamble, but my thought is that the employer owes 10's of thousands to various suppliers, would they really allocate resources to sue me?

      Thanks

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      • #4
        You know the employer better than we do. I have no way of knowing what he'd do. I haven't read your agreement and am not in a position to second-guess your lawyer.

        You can file a complaint for unpaid wages with the state DOL; that doesn't cost anything.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Appreciate you taking the time. Thank you.

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          • #6
            If it helps any, as a very, very general rule NDA's will hold up while non-competes have to be what the state considers "reasonable" to be enforceable. Every state has their own version of reasonable, and I don't know Nevada's offhand. Your lawyer is in the best position to assess that, unless someone here has knowledge of Nevada's thoughts on the matter. Betty might.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              cbg is correct re non-competes needing to be reasonable. Nevada will enforce non-competes which courts believe have reasonable restraints.

              They really always need to be reviewed by a lawyer in the area - they know the courts in the area & what they believe is reasonable.
              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.

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