Attorneys, Round 2  

New2Midlo 52M  
723 posts
6/8/2021 9:45 am

Last Read:
6/12/2021 7:48 am

Attorneys, Round 2

Now that blogs are showing up again, I can share an update with respect my attorneys entry below. While the mean, scary letter failed to make me soil myself, still got my attention. Despite Company B's counsel uttering 'They can't do shit!', I engaged my own legal counsel on the matter. Long story short, the activities I was engaging in do not meet the legal definition of soliciting (the term used in my non-compete). Company A whacked me and I was um, helping friends at Company A with other opportunities with Company B. However, it meets the definition of soliciting if I'm employed by or otherwise being compensated by Company B. Neither of these are true.

My attorney has had a few conversations with Company B's counsel, and plans on responding to Company A's attorney with a statement of facts and informing them they can go pound sand.

With respect to going to work for a direct competitor, which the letter accused me of doing, again, they can't do shit. Never mind that judges take a dim view of companies attempting to prevent their former employees from making a living, my non-compete doesn't say I can't go work for a competitor. The verbiage pertaining to this is very specific about it applying to those left of their own volition and those were dismissed for cause. Nothing says someone was laid off can't go work for a competitor and if it ain't specifically prohibited, it's fair game.

Making me want to work even more, Company B has also committed cover my attorney's fees.

On a semi-interesting side note, I discovered the attorney from the big, scary firm that sent me the letter was a former Miss Arizona. Not every day a pageant winner sends you a threatening letter.

New2Midlo 52M  
1075 posts
6/8/2021 9:46 am

Powerful limbs and spade like claws allow aardvarks to dig holes up to 24" deep in just 15 seconds.

13128 posts
6/8/2021 10:16 am

" Not every day a pageant winner sends you a threatening letter.


pagancountrygirl 64F  
6466 posts
6/8/2021 3:48 pm

"Making me want to work even more, Company B has also committed cover my attorney's fees."
Does that mean Company B has extended an offer of employment?

Hmmmm....I know I left that wand around here somewhere!

New2Midlo replies on 6/9/2021 5:27 pm:
Not yet, but I remain hopeful. It'll all go to shit, anyway.

secret_lade 48F  
9227 posts
6/9/2021 1:46 am

Oh, yikes!

Paulxx001 65M  
22616 posts
6/11/2021 12:00 am

I found myself in a similar situation, once, but I orchestrated MY exit — they fired me. And THAT allowed me to swerve around all those cumbersome clauses. *Ugh*

What a pain. Thankfully I had loyal clients who were happy to jump ship. Ahhh... I don't miss those days at all, but I recall the vibe as if it was yesterday.❗😎

New2Midlo replies on 6/11/2021 10:29 am:
Having a company whack you does tend to provide some compete with respect to a non-compete agreement.

Now, if I could find another job...

sexyldy1000 65F  
9606 posts
6/11/2021 3:36 am

My career job was with one of our national banks. Years ago they were awful in how they handled all forms of dismissals and got hit with multiple lawsuits. They smartened up and developed processes that were fair, reasonable and rarely challenged.

New2Midlo replies on 6/11/2021 10:32 am:
My old company is embarrassingly unprofessional in every respect, except for staying above board on the legal side. They're so inept that how could you not go after their existing business - easy pickings. Of course, I would never do that because it would violate my agreement.

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