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  • non-competition

    I took a part-time job as a field supervisor for a staffing company in California in 2003. I signed a non-competition clause as condition of employment. After about a year, I started getting paychecks that were woefully inadequate or mailed very late or both. I contacted the general manager of the company and he assured me that he would rectified the problem personally. But it continued for about 3 months.
    In the middle of 2005, the company failed to pay me for 2 months of work or 4 pay periods, despite repeated calls to management. Each time they told me that the check was just mailed, they had to put a stop payment on my check, yada yada. I finally informed management by email that I would suspend my services to the company until I personally receive my paycheck in the correct amount. I never received my check nor did they even bother to contact me by any means. I was forced to resign despite sterling work ethic and history. I found out later on that they had done this to many other field employees and are facing a number of Labor Board complaints.
    I recently got an offer to work for a similar company on a part-time basis. Can my former employer use the non-competition clause to keep me from taking the job?
    Last edited by ace62; 11-19-2005, 12:26 AM. Reason: to include state

  • #2
    Didn't I answer this question already, either here or on another board? The details sound VERY familiar.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      You may have but this is my first time to ask this issue on any board. You may have replied to another employee of the same company, just guessing. I would really appreciate it if you could tell me your response to that similar post.

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      • #4
        Sorry, I missed the last part of your post in which you asked about your non-compete agreement. Perhaps the other poster was asking what to do about not receiving paychecks, which is, of course, to file a claim for each and every missed paycheck immediately with the Division of Labor Standards Enforcement.

        You will have to have the non-compete agreement reviewed by an attorney. No one here can comment on an agreement we have not read in its entirety. However, I understand that it is very hard for a company to draft a non-compete that is enforceable in California; but an attorney can advise you after he/she reads the agreement.
        Last edited by Pattymd; 11-20-2005, 12:54 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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