My question involves labor and employment law for the state of: KENTUCKY
Okay so the long story short is that my current employer had me sign something very rare according to my new recruiter. My current employer had me sign paperwork before I joined their company. I signed it because it seemed like a normal thing to sign, but three clauses in my contract are worrisome. First, I'm looking to leave and join a quasi competitor. They aren't a true competitor, but one could agree that because they are in a similar line of business they COULD be defined that way.
My question is this: Can they stop me from leaving and what are they likely to do legally if I do leave? Can they sue me and if so for what? Can they attempt to collect the 'recruitment fees' which is the only element would qualify, if they didn't disclose how much it was? I still have no idea how much it was.
Lastly, I'm bound by confidentiality right now, but IF they sue me, can I discuss that on social media? Do I have to wait until I go to court? When am I allowed to speak about it, the reason I ask, I have a large social following 100K+, which would probably give my current employer plus on any legal action.
Thanks for the help, just looking for guidance.
Here are the clauses in the AT WILL document I signed:
Upon Employee’s voluntary termination within three (3) years of initial employment, Employee agrees to reimburse EMPLOYER(name removed) for all relocation expenses, signing bonuses, and third-party recruitment fees which were either paid to the Employee or paid to a third-party on behalf of, or related to, the Employee’s employment. Employee agrees to make arrangements to remit payment to EMPLOYER(name removed) for the amount due within 20-days of termination.
Non-Competition - Competitor. Employee acknowledges that the goodwill of EMPLOYER(name removed) and its Affiliates and its marketing and support of services extends throughout the United States. In consideration of the rights granted to Employee under this Agreement, Employee covenants and agrees that for as long as Employee is employed and for one (1) year following Employee’s termination, for any reason other than a layoff due to lack of work, Employee shall not, without the prior written consent of EMPLOYER(name removed) , in any manner, directly or indirectly, own, manage, operate, consult, participate or be employed by, or otherwise connected with any person, firm, corporation, or enterprise in the United States, conducting operations that are competitive with the business activities being directly engaged in by EMPLOYER(name removed) as of the date on which Employee’s employment is terminated. Should a competing business wishing to employ Employee agree to the non-competition, non-solicitation, and confidentiality provisions established herein and enter into a mutually agreed upon separate Agreement with EMPLOYER(name removed) to that effect, then EMPLOYER(name removed) shall waive the Employee non-competition provision in relation to the Employee’s employment by that competing business.
not worried about this section...but here it is.
Non-Solicitation. Employee covenants and agrees that for as long as Employee is employed and for three (3) years following Employee’s termination, for any reason, Employee shall not, without the prior written consent of EMPLOYER(name removed) : (i) solicit, contact, interfere with, or attempt to divert any customer served by EMPLOYER(name removed) or its Affiliates, or Former Customer (as defined), or Potential Customer (as defined) identified by EMPLOYER(name removed) or its Affiliates during the period of Employee’s employment; or (ii) solicit any person then or previously employed by EMPLOYER(name removed) or its Affiliates to join Employee, whether as a partner, agent, employee, or otherwise, in any enterprise engaged in a business that competes with the business of EMPLOYER(name removed) or its Affiliates at the time of Employee’s termination.
Okay so the long story short is that my current employer had me sign something very rare according to my new recruiter. My current employer had me sign paperwork before I joined their company. I signed it because it seemed like a normal thing to sign, but three clauses in my contract are worrisome. First, I'm looking to leave and join a quasi competitor. They aren't a true competitor, but one could agree that because they are in a similar line of business they COULD be defined that way.
My question is this: Can they stop me from leaving and what are they likely to do legally if I do leave? Can they sue me and if so for what? Can they attempt to collect the 'recruitment fees' which is the only element would qualify, if they didn't disclose how much it was? I still have no idea how much it was.
Lastly, I'm bound by confidentiality right now, but IF they sue me, can I discuss that on social media? Do I have to wait until I go to court? When am I allowed to speak about it, the reason I ask, I have a large social following 100K+, which would probably give my current employer plus on any legal action.
Thanks for the help, just looking for guidance.
Here are the clauses in the AT WILL document I signed:
Upon Employee’s voluntary termination within three (3) years of initial employment, Employee agrees to reimburse EMPLOYER(name removed) for all relocation expenses, signing bonuses, and third-party recruitment fees which were either paid to the Employee or paid to a third-party on behalf of, or related to, the Employee’s employment. Employee agrees to make arrangements to remit payment to EMPLOYER(name removed) for the amount due within 20-days of termination.
Non-Competition - Competitor. Employee acknowledges that the goodwill of EMPLOYER(name removed) and its Affiliates and its marketing and support of services extends throughout the United States. In consideration of the rights granted to Employee under this Agreement, Employee covenants and agrees that for as long as Employee is employed and for one (1) year following Employee’s termination, for any reason other than a layoff due to lack of work, Employee shall not, without the prior written consent of EMPLOYER(name removed) , in any manner, directly or indirectly, own, manage, operate, consult, participate or be employed by, or otherwise connected with any person, firm, corporation, or enterprise in the United States, conducting operations that are competitive with the business activities being directly engaged in by EMPLOYER(name removed) as of the date on which Employee’s employment is terminated. Should a competing business wishing to employ Employee agree to the non-competition, non-solicitation, and confidentiality provisions established herein and enter into a mutually agreed upon separate Agreement with EMPLOYER(name removed) to that effect, then EMPLOYER(name removed) shall waive the Employee non-competition provision in relation to the Employee’s employment by that competing business.
not worried about this section...but here it is.
Non-Solicitation. Employee covenants and agrees that for as long as Employee is employed and for three (3) years following Employee’s termination, for any reason, Employee shall not, without the prior written consent of EMPLOYER(name removed) : (i) solicit, contact, interfere with, or attempt to divert any customer served by EMPLOYER(name removed) or its Affiliates, or Former Customer (as defined), or Potential Customer (as defined) identified by EMPLOYER(name removed) or its Affiliates during the period of Employee’s employment; or (ii) solicit any person then or previously employed by EMPLOYER(name removed) or its Affiliates to join Employee, whether as a partner, agent, employee, or otherwise, in any enterprise engaged in a business that competes with the business of EMPLOYER(name removed) or its Affiliates at the time of Employee’s termination.
Non-Compete Agreements: Non-Compete and Recruitment Payback
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