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Thread: Non-Compete Company bought by new owner Fired within the first month GA Georgia

  1. #1
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    Default Non-Compete Company bought by new owner Fired within the first month GA Georgia

    We were a corp store who was bought by a franchise. We were part of the sale.
    I was terminated within the first 3 weeks for no real reason. ( They said i was heard talking bad about the manager to someone while i was in the bathroom)
    I think the manager was afraid I would take her job.

    Any how. I have a non compete but I want to go back to corp, and work for them. I had no real choice I was told we were bought and if I wanted a job here it was. Or Leave.

    I was with corp for over a year but the franchise for just under a month. I didn't do what they fired me for. They have nothing but he said she said. Now Corp would take me but I have that non-compete.

    Its at will state so nothing i can do there. Fine but don't block me from working.

    I do have a complaint for this owner for clocking me out for lunches I didn't take.

    any advice?

  2. #2
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    If you were not paid for time worked (the lunches) then you file a complaint with your state labor department.

    When you say non-compete, do you mean you can't return to a corporate location for x amount of time or you can't work for a competitor?

  3. #3
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    You have several totally unrelated items. Did you do anything to correct the lunch situation with your employer? If you are hourly, and totally off duty, you do not have to be paid for lunch. Your employer may require lunch breaks and terminate those who refuse, but they must still pay you anyway. Your termination is legal and not uncommon when a new owner or management takes over. As for whatever you signed, you will need to take it to a lawyer in your area to review and see if it is enforceable and the extent to which it is.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

  4. #4
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    Your best bet is to take the non compete (or whatever it is) to an employment or contract attorney in your area for review & advice.

    If you are non exempt & weren't paid for lunches you worked, file a wage claim. However; when an employee is required/told to take a lunch & he/she doesn't, they can be disciplined up to & including termination.
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  5. #5
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    And also realize there may not only be an agreement between you and them, but also between the corporate office and the franchisee that might affect any job change. Even if your non-compete won't hold up, that business to business agreement might. (Corporate is not going to generally want to peeve a franchisee by essentially hiring a prior employee that had issues at that location -- is the manager the new franchisee?)

    So it is definitely not cut and dried. How long is the term of the non-compete?

  6. #6
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    FYI, non-compete agreements are:
    - Very state specific.
    - And very specific about the EXACT wording of the agreement.

    There is no meaningful answer to question on NCAs that does not involve taking the agreement to a local attorney who will actually have to read it. Technically NCA is a type of contract law, not labor law.
    "Reality is that which, when you stop believing in it, doesn't go away".
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