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Bankruptcy and Employment Contracts, California

Posted on : 10-10-2009 | By : Legal Information | In : Bankruptcy & Debt, Employee Rights, Non compete agreements

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If a CA company enters bankruptcy are the non-compete agreements null and void? If an employee stays for over a year to help the company, with all the uncertainty, and ends up leaving is the non-compete void?

Non Compete Agreements, The company recently filed for bankruptcy

Posted on : 02-09-2009 | By : Legal Information | In : Bankruptcy & Debt, Employee Rights, Non compete agreements, Other Legal Topics

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I was working at a company that had me sign a non-compete/contract agreement that would last a year if I decided to ever leave the company. The company recently filed for bankruptcy. The company was turned over to a receiver and the receiver brokered a deal to sell the company. The group that bought the company also bought the non-compete agreements/contracts

Is my non-compete still active or did it become null and void when the company filed for bankruptcy?

I have a non-compete contract from selling my business. The contract

Posted on : 07-08-2009 | By : Legal Information | In : Bankruptcy & Debt, Chapter 7, Employee Rights, Non compete agreements, Other Legal Topics

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I have a non-compete contract from selling my business. The contract pays me over 10 years for not competing over those 10 years. I’ve filed chapter 7 bankruptcy. Are those future payments to me “exempt” under bankruptcy law or not. In other words does the trustee get the payments or do I?

Thank you

Left company, Starting my own

Posted on : 26-07-2009 | By : Legal Information | In : Business Law, Contract Law, Employee Rights, LLC, Non compete agreements, Other Legal Topics

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I have recently left a company I was working with for 15 months. The business itself is owned by a lawyer ( he has had disciplinary action taken against him by the bar, yet still able to practice law) and at first things seemed on the up and up. I was laid off because of the economy and horrible business practices. He continues to charge the customers credit cards, refuses to talk to them after making promises and false statements, and then would not send the products. He continues to have severe financial problems. I want to start up my own company and I know many states have a law called the Uniform Secrets Trade Act. While working there I was the go to, talk to guy. How can I legally contact my former customers. My business will sell the same products, just under a different name. I just want to be sure that the process is legal. Please advise.

Unsure of noncompete scenario

Posted on : 01-05-2009 | By : Legal Information | In : Business Law, Employee Rights, Non compete agreements, Other Legal Topics

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I have joined a new company recently and as a business development professional, I have convinced a client who I had engaged with my previous firm to follow me with his project. To the best of my knowledge, I had not signed any non-compete agreement, and the subject wasn’t discussed during my separation when I resigned. Is there any vulnerability to any non-compete litigation?

medical sales – Non compete

Posted on : 10-04-2009 | By : Legal Information | In : Employee Rights, Non compete agreements, Other Legal Topics

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If your employer lowers your commission is your non compete still vaild in ohio

Non Compete

Posted on : 25-03-2009 | By : Legal Information | In : Employee Rights, Non compete agreements, Other Legal Topics

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I was told that noncompetes are enforceable and releases for employer are legal if signed by both parties. Is that true?

When does a severance payout for a noncompete become extortion

Posted on : 24-03-2009 | By : Legal Information | In : Employee Rights, Non compete agreements, Other Legal Topics, Severance

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Is there a point where an employer, whom releases an employee, ask for a noncompete and release of claims contract for a severance payout become extortion. The contract is very general and amount to be paid is significantly less than the amount of salary earned for the amount of time asked for within the non-compete. The employer puts the employee in a stressful situation when releasing them and at that time pushes the contract on them.

Defamation in NJ – small claims?

Posted on : 13-02-2009 | By : Legal Information | In : Civil Rights, Defamation & Libel, Employee Rights, Non compete agreements, Other Legal Topics

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Can I sue a former employer in small claims in the State of NJ for defamation?

Situation:

Nearly one month after I voluntarily left a company, the owner sent out an email to me and “CC’d” three other people stating that I have no “integrity” because of a business deal I took with me. I had every right to take the deal with me as there it was a work in progress (no contracts, no meeting of the minds, etc.) and I did not have a non-compete clause in my contract. In fact, the deal was never even completed and is now dead.

Do I have a case?

Civil action collections

Posted on : 06-02-2009 | By : Legal Information | In : Bankruptcy & Debt, Business Law, Employee Rights, Non compete agreements, Other Legal Topics, Wrongful Termination

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I worked for a company as a collections manager. I filed warrant in debt cases with district court if our third-party collection company was unsuccessful collecting the debt on our owners. this was for yearly maintenance fees for timeshare owners. The debt would include the base fee, $25 late charge (per yr), 18% annual interest and the collection fee of 30%. The collection fee was what the 3rd party would receive IF they where to collect. I was directed to include this in the warrant in debt. Was this legal? Also, my former employer continued to charge 18% interest per yr even though the court awarded only 6% per yr. This amount reflected on collection letters and annual invoices. I would no longer–name removed–considered a “whistleblower” as I was just fired. Who would I contact to investigate these acts? FYI – I also believe I was wrongfully discharged as I had a near spotless employee file. No reason given other than “reorganization” of my department. Found out today they replaced me with my assistant (a woman). After 13 years, (8 yrs as collection manager) I was let go, just like that. I don’t understand except I guess my boss or her boss did not like me (personality conflict???)

Thanks…