Nightmare ex employer..

This might be an odd posts, but it has been a stressful time since I left my last IT job. They recently sent me a letter from the lawyers saying I broke the non compete agreement I signed when I worked for the company and have caused 7,500 dollars in damaged because of it and they are giving me 10 days to pay that otherwise they will take further actions. So this is what happened.. They paid me very little and I had an idea to start a side gig fixing home PCs and never officially ever starting anything, never registered anything, never worked on anyones computer once, and they are saying I started a competiting IT company while working for them and used their phone for the business that I never started. It was strictly an idea and never officially started anything. I simply made a logo and someone from my work must have told them I had a business when I worked for them. They were really mad I left and the CEO told me how disappointed he was in me when I gave the 2 weeks notice. And my last paycheck they deposited it and then reversed it and then I had to bug them all day to get the money they owed. I never experienced anything like this before... Do they have a chance to actually pull this off even if I never started any business and I simply just had an idea. Have any of you had this happen before? And do you know how they can prove this caused 7,500 + in damage somehow? It all seems really crazy to me.

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Comments

Zartanasaurus

DarthVader wrote: »

Get a lawyer and file a sexual harassment lawsuit immediately!!!

When did sexual harassment come into play?

w00t

Yep, I never e-mailed anyone, never had one customer, never made a logo on their computer, or did any business and was never incorporated. I'm talking to some legal teams now and the more I find out the less I am worrying about it. And yeah when did the sexual harassment come into play? Especially being a guy, hahaha. Bottom line, I believe the company is kind of crazy and I knew I had to get out of it and I am glad I did...

Devilry

Remember, you can countersue!

antielvis

I think some people are confusing what a "non compete" clause is & when it's enforcable. In the case of you quitting and going to a rival company, a non compete clause cannot be enforced. This is the "right to work". In the case of you starting up a potentially competing firm, that IS possible cause for legal action. The company in question would have to prove that their was material loss to them due to your actions. How did they ascertain the $7500 "loss". One more point you won't want to hear is this...if you did use their network or resources in ANY sense, that will definitely help their case. That includes a single phone call to a company phone even with a simple question.

Now..at the risk of sounding somewhat condescending....

I've been in the IT business for 13 years. I've worked for some major IT firms and I've managed my own small SMB firm which I dissolved a few years back due to overwork. I could have expanded but I had no desire to become a business owner (which would have meant I'd have to be manager). ALWAYS...ALWAYS demonstrate integrity with your employer & client base, even if they do not reciprocate. No matter how tempting it might be to do something on the side or use a company phone (or the network) for your own personal reasons DO NOT.

When you signed on with this employer, you made an agreement that you would NOT compete against them. While you did not technically compete against them, your actions DID demonstrate you had set a plan in motion. NEVER compete against your own firm, no matter how much you hate it or how much you need the money. If you want to work on the side for extra money, go work elsewhere in a different industry. Another point I'd like to bring up is that if you are a consultant & the client you're working for offers you direct employment, do NOT initiate discussions. Have that individual approach your management team.

Integrity in this world goes a long way. Demand it from your employers & offer it in return. Always see yourself as a partner with your firm..a symbiotic relationship that extends BOTH ways. If the firm screws you, do not screw them back, find a better place to work and quietly leave. The end result if that YOU win & they loose. Acquiring talent, even in a poor economy, is expensive and it's tough.

As for the $7500 threat. My guess is that this outfit assumes you are going to buckle if they threaten you, likely assuming you're young? and inexperienced in the industry. If this firm wants $7500 dollars, demand a full explanation as to how they came up with this dollar figure. Ask them to demonstrate material evidence on how what you did harmed their business. They'll need to present concrete proof you adversely affected their industry. When you request such information, carry yourself professionally & do not make threats or use unprofessional language. BUT..be confident and "professionally aggressive" when confronting these folks. If at all possible, draft up a document the finalizes the "end" of this so they cannot come back on you at a later time.

The USA is somewhat regressive with it's labour laws, but go down and visit your local government office. Do not just google it. Folks at these offices are there to help you & will act in a non partisan manner.

And once you've sorted this all out, set up a rival firm and bury their ass

lunchbox67

antielvis wrote: »

I think some people are confusing what a "non compete" clause is & when it's enforcable. In the case of you quitting and going to a rival company, a non compete clause cannot be enforced. This is the "right to work". In the case of you starting up a potentially competing firm, that IS possible cause for legal action. The company in question would have to prove that their was material loss to them due to your actions. How did they ascertain the $7500 "loss". One more point you won't want to hear is this...if you did use their network or resources in ANY sense, that will definitely help their case. That includes a single phone call to a company phone even with a simple question.

Now..at the risk of sounding somewhat condescending....

I've been in the IT business for 13 years. I've worked for some major IT firms and I've managed my own small SMB firm which I dissolved a few years back due to overwork. I could have expanded but I had no desire to become a business owner (which would have meant I'd have to be manager). ALWAYS...ALWAYS demonstrate integrity with your employer & client base, even if they do not reciprocate. No matter how tempting it might be to do something on the side or use a company phone (or the network) for your own personal reasons DO NOT.

When you signed on with this employer, you made an agreement that you would NOT compete against them. While you did not technically compete against them, your actions DID demonstrate you had set a plan in motion. NEVER compete against your own firm, no matter how much you hate it or how much you need the money. If you want to work on the side for extra money, go work elsewhere in a different industry. Another point I'd like to bring up is that if you are a consultant & the client you're working for offers you direct employment, do NOT initiate discussions. Have that individual approach your management team.

Integrity in this world goes a long way. Demand it from your employers & offer it in return. Always see yourself as a partner with your firm..a symbiotic relationship that extends BOTH ways. If the firm screws you, do not screw them back, find a better place to work and quietly leave. The end result if that YOU win & they loose. Acquiring talent, even in a poor economy, is expensive and it's tough.

As for the $7500 threat. My guess is that this outfit assumes you are going to buckle if they threaten you, likely assuming you're young? and inexperienced in the industry. If this firm wants $7500 dollars, demand a full explanation as to how they came up with this dollar figure. Ask them to demonstrate material evidence on how what you did harmed their business. They'll need to present concrete proof you adversely affected their industry. When you request such information, carry yourself professionally & do not make threats or use unprofessional language. BUT..be confident and "professionally aggressive" when confronting these folks. If at all possible, draft up a document the finalizes the "end" of this so they cannot come back on you at a later time.

The USA is somewhat regressive with it's labour laws, but go down and visit your local government office. Do not just google it. Folks at these offices are there to help you & will act in a non partisan manner.

And once you've sorted this all out, set up a rival firm and bury their ass .

I agree with most of what you have said ... but I suggest NOT to "demand a full explanation" but tell them to GO POUND SAND

If the OP is not holding anything back they have NOTHING against him what so ever

DarthVader

Zartanasaurus wrote: »

When did sexual harassment come into play?

well, it came into play when the former employer brought feloneous accusations against the OP. Now the OP shold bring his own accusations against the employer.
Sometimes fighting dirty is justified.

techdudehere

Sorry but I just don't buy any of that. While you should research your areas laws to see how they are interpreted (local attorney should know) you need to take opportunities as they come in this day and age. Sometimes it might even mean paying. If I can get an extra 40k per year and I have to pay a 20k penalty, I'll take that! But in general, at least in the US, we believe in a free market and who ever offers the best deal wins. They may or may not even win if taken to court on something like this, you just need to know the local laws and be willing to pay in the worst case. At least for me, I am going to take the best deal I can get and if someone has an issue with that, make a better offer:)

w00t

They decided to drop the whole thing. I had some law advice and help from a friend and after they were sent a letter they gave up the next day. That was easy. Good news, now I get move on with my life and forget about that company.

drsketch

They most likely have that lawyer on retainer so sending the letter is covered under the general costs they already pay, as in no additional cost. I doubt they will pay upwards of 175$ an hour to chase $7500.

go to glassdoor and indeed and post reviews of this terrible company.

Iristheangel

If you do post on glassdoor, don't mention the lawsuit, your job title or any of your managers' names. Keep it generic and talk about the general negative culture. I've seem more than my share of employers get spiteful when put on blast on the internet

webgeek

Iristheangel wrote: »

If you do post on glassdoor, don't mention the lawsuit, your job title or any of your managers' names. Keep it generic and talk about the general negative culture. I've seem more than my share of employers get spiteful when put on blast on the internet

+1 to what Iristheangel is said

MiikeB

Glad it got all sorted out.

I had a similar experience of a company asking for money from me based on a contract, in my case an offer letter.

I paid $200 to talk to a lawyer for 45 minutes. While I already had a good idea that it was not enforceable on their end for several reasons the way he was able to spell it out for me on how the law would look at it and how I should explain to them my reason for not paying etc really made me more comfortable with the very uncomfortable situation I was in.

He also explained to me that at least in VA, where I am, companies cannot represent themselves in court like an individual can, they must have legal representation and that therefore it would not make sense for them to sue me because it would cost more than the $7,500 they were after.