It's All Fun & Games Until Attorneys Are Called  

New2Midlo 52M  
766 posts
5/27/2021 5:56 pm

Last Read:
6/12/2021 7:49 am

It's All Fun & Games Until Attorneys Are Called

This entry will only be up for a short time for reasons that will become obvious. But I wanted share the latest with my closest internet strangers/

This is for those who remember reading about my current endeavor with a potential employer and determining who may be interested in joining them from my previous employer. That entry has gone bye bye for a good reason. Apparently, I had signed a non-compete with said previous employer that they didn't bother remind of when they whacked . I'd forgotten about said agreement, because I signed it when I joined the company as a condition of employment. For the most part, non-competes are unenforceable because judges typically take a dim view of companies attempting prevent their previous employees from earning a living. So, I ignored it anyway. Well, apparently that little document included a clause about not directly or indirectly soliciting remaining employees for a period of one year.

It seems someone in the company ratted me out about my activities, which were definitely not violating the agreement, and that resulted in a nasty letter from the company's law firm being sent today. If we back up and do the context thing, I'm not employed by the, received a promise of employment, or been compensated for my recent efforts to support previous colleagues in improving their work environment.

The letter accused me of giving my supposed new employer a boatload of trade secrets and such (which they could never prove) and threatened me with legal action for doing damage to the company. They went full scare mode by noting I'd also be receiving the letter via snail and certified .

They moved on the crux of the letter, the soliciting of current employees (which I didn't do). It was stated the only way for the other company could know who had what skills and were in roles that would bring value was through an insider () providing that information. Obviously, whoever wrote this was unaware of this little known platform called LinkedIn, where people have profiles that show their companies, roles, locations, and frequently highlight skills they possess. When he contacted , the guy I was working with already had a list and had reached out everyone on it.

Ultimately, they just wanted sufficiently scare into knocking off my recent efforts. Upon receipt of the letter, I fell into immediate compliance; nothing left to do anyway.

This entry will self-destruct in hours.

New2Midlo 52M  
1064 posts
5/27/2021 5:57 pm

This is why I can't have nice things...

12954 posts
5/27/2021 7:04 pm

it's a legal jungle out there

sweet0necter 47F  
2059 posts
5/27/2021 7:56 pm

That's shitty..

New2Midlo replies on 5/28/2021 11:08 am:
Yep, but were I soliciting others (which I totally wasn't doing), it would violate my agreement. The way they glossed over my supposedly working for a competitor, even they know they can't prevent me from going to work there. That is unless they want to pay me my full salary while I sit out a whole year.

Naughtypursuit 54F  
2761 posts
5/28/2021 2:08 pm

I have seen non-compete clauses that had exemptions for laid off employee's and such.

Threatening letters from lawyers are generally just a threat but certainly unless you have a limitless bank account not worth the fight which they also know.

New2Midlo replies on 5/28/2021 3:12 pm:
In reviewing the document, there is relief for those who were released without cause. It specifies those who were dismissed for cause or left on their own accord, but nothing is in their about those who were laid off. But that's not what they're grumpy about. It's the participation in raiding company staff.

My attorney says I'm golden because what I did wasn't soliciting and I'm not in the employ of the other company. He's putting together a response that will reset the basis of facts and tell them to piss off.

pagancountrygirl 64F
6398 posts
5/28/2021 4:35 pm

OMG...just don't let them know about LinkedIn! lol
Talk about sour grapes! I suppose you shouldn't have a professional opinion about anyone's skills and abilities.

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

Become a member to create a blog