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Hopin for a Special Day

I know exactly what you're going through...Kinda in the middle of one myself. I along with several of the guys I supervise got sued for doing our job...Properly I might add. There is no doubt we will be OK but it is a pain in the ass waiting for the outcome.
 
Good luck with everything. I agree with most of the people who state that you should be fine. Keep us updated!



ggiese said:
Cory, I semi-work with the legal profession. I'm told universally that the non-compete agreements are worth less than the paper they're printed on. They're intended to prevent employees from jumping ship when the water starts to reach the deck line (as in your case), but is largely unenforceable unless you took company secrets with you and were passing them out at the new place...

Now - that being said - I'd really hate to be in the shitstorm you're in. I'm confident you'll be okay, but I hate being in those shoes you're in. I've been in a similar type circumstance - everything worked out okay, but it sucked while it was going on.

It helped me to take up a "hobby". I'd suggest collecting and smoking cigars... :thumbs:
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Are you saying that you quit and went to work for the other side George?!! :sign: :sign: :D

Brandon
 
Good luck, Cory. I've signed these all my working career and have gone from competitor to competitor. Never, ever had any issue.

Wilkey
 
Hang in there, Cory - like the others have said, the dust will very likely settle favorably on this but it really sucks while it's going on. Like Wilkey, I've signed these things several times in my career and have never even been asked about 'em after the fact.

Good luck, my friend - B.B.S.
 
Thanks for the well-wishes guys! I don't really know what the hell happened last Monday. I was really hoping the judge would rule from the bench, but that definitely didn't happen.

I went into court thinking pretty positively, but I left court really in a turmoil. It was sort of a strange proceeding; it didn't happen in the standard way where we present arguments, then the plantiffs present arguments, etc. My lawyer proceeded to the stand and the judge said she had read the breifs and had some questions. So she fired them off and it seemed like she was giving him a taste of the spanish inquisition. I really was having a tough time figuring out where the judge stood on the issue. And then the prosecution got up to make some arguements and it seemed like she had to make up a question, which he couldn't answer, to make it seem like she was handling things equally. The plantiff was a bumbling idiot, and didn't really present anything very well. But it appeared as if he didn't have to.

After many discussions with my lawyer, friends who are lawyers, clerks, my mom who is a lawyer, it seems that this may have been a good thing. Apparently, the judge may have asked these questions to make them as part of the court record. The briefs that my attorney and the plantiff wrote do not follow the case if it goes to appeal. New briefs are written and only the court record follows the case to the appellant court. So, it is very possible that the judge was making sure she did not show bias and showed all things were considered in the court record so that it will have less of a chance to make it to appellant court. At least, that is what I am hoping.

We are still waiting to hear what the judge rules. She heard all the arguments and said she would take them up under advisement. There is no timeline as to when we will hear from her; it could be 2 weeks or 4 months. I'm hoping for sooner rather than later. Because at least I'll know where I stand.

<keeping my fingers crossed>
Hopefully the next update will be me smoking my long awaited prize. :thumbs:
 
Cory, whats at stake if you lose? What judgement do they take? Likewise, are there grounds to seek reimbursement of costs if you win?
 
NullSmurf said:
Cory, whats at stake if you lose? What judgement do they take? Likewise, are there grounds to seek reimbursement of costs if you win?
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Damn ... I hope it will get better.

Worst case would be termination, awarding of financial damages, and huge a$$ lawyer bills. Best case would be that the document would be found to be not a legally upholdable document and they would have to pay my lawyer fees. I think the later is still a really good possibility.

My fear is something the judge brought up in the summary judgement, which was a case not too long ago (several months) was ruled that these types of documents can be "blue penned" and modified by striking out the unreasonable parts and leaving the enforcable parts. Typically this is only done when it is minorly modifiable, but again that is probably up to interpretation.

My issue with the "blue pen" arguement in this case is that had the document read what is reasonable and enforcable from the beginning I wouldn't have had any issue with abiding by it. But to say that I can't work for any customer of my previous employer basically makes it so that I would have to leave this state, and even limit some of the options I would have in other states.

My previous company performed work in WA, OR, ID, MT, WY, CA, and NV that I am aware of; most of the ongoing customers were in ID. But working in pre-sales, I contacted any customer that was in the company's CRM database to see if our division of the company could also do business with them. I was hired by my previous company for my skill set, and any company that might benefit from my skill set was contacted. This effectively limits my ability to find new employment to moving far out of state.

I thought about moving to Denver, CO prior to getting my previous job. I had a storage shed rented, moving truck all loaded up, was out of my lease, and my fiancee had quit her job. 5 days prior to us hitting the road, my fiance's ex threatened to "have [my fiance] thrown in jail" if we tried to take his daughter out of Boise. While that couldn't have happened, he was preparing legal action, and there is precedence in ID to give custody to a father that has moved to ID to build a relationship with his offspring. So.. we changed gears and made it work in ID. I found a new job with those bastards, but know that I really don't have options to leave the state.

Which is why it really just needs to be thrown out. If I took the document as a whole, it was unreasonable when I was looking for employment and could not abide by it. If it is changed now to make it reasonable, then it was not the document that I was looking at when I was seeking new employment.

What really sucks is that I alone have racked up $10k in attorney fees. And the expensive part, depositions and discovery, hasn't even happened yet. If this continues onto trail, that won't get resolved until March 2007, it will leave me in a huge financial hole. How the hell is the little guy, the employee, supposed to battle businesses who can afford to bankroll this kind of thing? Where is the justice in that?

And thanks for the advice George. A good cigar to enjoy and focus on really helps to put out of my mind this stupid battle that is going on and to keep my sanity. :thumbs:
 
cigarsarge said:
I know exactly what you're going through...Kinda in the middle of one myself. I along with several of the guys I supervise got sued for doing our job...Properly I might add. There is no doubt we will be OK but it is a pain in the ass waiting for the outcome.
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Good luck buddy! I kind of glossed over this the first time around. Lawsuits are no fun, especially if you are defending.

I said I would update, and got a little side tracked. The nut of it is, the lawsuit is still ongoing. The judge ruled sections b) and c) to be overly restrictive and unenforcable. Which means, I can work for a competitor, and I can work for the previous company's customers. What is still enforcable is that I can not divert or solicit business that I had direct contact with while employed at my previous company away from my previous company.

So, I'm pretty happy about the ruling. It means I won't have to go find another job. However, it does give my previous company a very narrow alley to attempt to prevail. The good thing is that they can't prevail since we have purposefully not contacted anyone who was not already a customer of my current company before I started working there. The bad this is that the owner is bull-headed enough to not see that, and is probably getting horrible legal advice (thier lawyer's area of expertise is real estate). So, the battle rages on, and we are attempting to settle. However, I am having a real problem with the idea that I have to pay several thousand dollars in legal fees just because they wanted to start some lame lawsuit (that is if they settle). So I am almost hoping that he doesn't settle so I can retract my offer. But if it settles, then I can move on and focus on other things.

...

And just to consolidate, apparently my blood pressure is too high and the doctor wants to blame my cigar smoking. I on the other hand figure it has more to do with this lawsuit and the fact that I am fighting with my wife and the possible divorce that is looming. To add to the mix, I just wrecked my motorcycle. I'm lookin at about $6k in damages that insurance will cover and $3k that they won't. (if anyone has a transmition for a harley ... ) Now who wouldn't have high blood pressure?

The good news. I have a company that wants to keep me employed. I like my job and my main co-worker is one of my best friends. I have some great support from my friends and family. I am coming to realize what exactly I want and need in a relationship, and the direction I want for my life. I love my bike, but it is fixable. I just walked away with a little road rash and some bruises, it could have been way worse.

For any bikers out there, please wear gear. It saved me 100%. My gloves saved my hands, my jacket saved my arms and chest, my helmet saved my head, and my boots saved my feet. The one area I didn't have covered (couldn't find my chaps before I left) was the area that got the road rash. All that gear has to be replaced, but it is just money; the stuff underneath is not replacable.

So with all the stresses in my life, cigars help me to relax, unwind, reflect, enjoy myself, take a moment to appreciate the cigar, spend an hour or two with a friend ... probably the last thing to add to the high blood pressure. (the first is probaby diet :whistling: )

So I am going to go enjoy a cigar. I am still saving the Taboada Salomone for when the lawsuit is over. And I should probably set one aside for when things get resolved with my wife....hmm...

One thing that became pretty clear to me though was how close things could have been different, and my life could have been over. Those cigars saved for for special days may never come, so Smoke 'em if you Got 'em!

Cheers!
- C
 
Cory hope all things work out in a positive manner. Life is full of twists and turns, hang in there.
 
Yikes Cory ...... thank for the updates and I hope things work out for you as well. I know it isn't easy but your attitude is in great shape :thumbs: . I think I'll burn a special one this weekend in your honor.

David
 
Damn, brother! Tone mentioned twists and turns... I use the anaology of peaks and valleys. The valley you're in may be deep, but that will just make the upcoming peak even more special. As those of us with a little age can attest, things have a way of working themselves out. With your brains and positive attitude, you'll be more than fine when you hit that next peak.

I love you, man... If you need anything from me (other than the $5 that I already owe you), just let me know.
 
Cory - glad to hear you are ok after your accident. As others have stated - hopefully the highs will take over the lows real soon.

Take Care -
 
I signed one of these once. The best way out is to get fired. These agreements don't hold up in court when the company lets you go because it's your right to be able to earn a living. So basically just tell your boss to F'off and get booted out the door, then you are scott free... except for the fact that you can't use them as a reference.
 
Cory - good luck in both areas Bro. Let me know if you need anything.

Usually the hardest things in life are the most rewarding. Hope it all works out.
 
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