My question involves labor and employment law for the state of: MN
I was laid off 11 months ago, and in February this non compete I signed will expire. The catch is that the company want to hire me back in a different position. I told them I'm not aigning anything and they said that's fine. I'm wondering if they are up to something though - will this non compete agreement become valid if I become re-employed by them before a year has elapsed? The agreement says:
"Employee agrees that during the term of the employee's employment with the company and for a period of twelve (12) months after the employees employment with the company terminates, either voluntary or involuntary, the employee will not alone or in any capacity, without the prior written consent of the company, perform any act or engage in any activity which competes or interferes directly or indirectly with the any existing or prospective relationship between the company and any person or entity who is or was a client, customer, employee, investor, or account of the company during employees employment with the company. The non-competition obligations described above shall survive the termination of this agreement."
Basically I was offered a job back, but I have had to ignore calls from several senior living places I used to manage who said in voicemails that they would like me to manage them versus my old company who still does manage them. Each one pays about $3k/month and I have had about four personally reach out to me, but it sucks because I can't say anything back to them until February. And just yesterday I was offered a position back at my old company but I can't decide which route to pursue... I'm wondering if I accepted that job offer and told them I'm not signing anything (it's for a totally different position anyway) if they are up to something to try and get that old non-compete back into play. Let me know, I appreciate your help!
I was laid off 11 months ago, and in February this non compete I signed will expire. The catch is that the company want to hire me back in a different position. I told them I'm not aigning anything and they said that's fine. I'm wondering if they are up to something though - will this non compete agreement become valid if I become re-employed by them before a year has elapsed? The agreement says:
"Employee agrees that during the term of the employee's employment with the company and for a period of twelve (12) months after the employees employment with the company terminates, either voluntary or involuntary, the employee will not alone or in any capacity, without the prior written consent of the company, perform any act or engage in any activity which competes or interferes directly or indirectly with the any existing or prospective relationship between the company and any person or entity who is or was a client, customer, employee, investor, or account of the company during employees employment with the company. The non-competition obligations described above shall survive the termination of this agreement."
Basically I was offered a job back, but I have had to ignore calls from several senior living places I used to manage who said in voicemails that they would like me to manage them versus my old company who still does manage them. Each one pays about $3k/month and I have had about four personally reach out to me, but it sucks because I can't say anything back to them until February. And just yesterday I was offered a position back at my old company but I can't decide which route to pursue... I'm wondering if I accepted that job offer and told them I'm not signing anything (it's for a totally different position anyway) if they are up to something to try and get that old non-compete back into play. Let me know, I appreciate your help!
Non-Compete Agreements: Will This Non Compete Agreement Be Valid Again
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