Notice Period & non compete

[Millenium1450]

What is the name of your state (only U.S. law)? NV

One of my employee just resigned after working for my company for 2 1/2 years. Our employment contract does mention that she is to give a 1 month notice period. She told me she can only do 2 weeks because her new job requires her to.

This is leaving me with a big issue as I do need more than 2 weeks to replace and provide basic training to someone new. What are my options to enforce the notice period policy?

Also, even though she has not told me officially, I am pretty sure she is going to work for one of my competitor. Problem is, she signed a non-compete agreement when she started working for me.

Here again, what are my options to enforce this agreement?

Thank you so much for your input

 

[Zigner]

What is the name of your state (only U.S. law)? NV

One of my employee just resigned after working for my company for 2 1/2 years. Our employment contract does mention that she is to give a 1 month notice period. She told me she can only do 2 weeks because her new job requires her to.

This is leaving me with a big issue as I do need more than 2 weeks to replace and provide basic training to someone new. What are my options to enforce the notice period policy?

Also, even though she has not told me officially, I am pretty sure she is going to work for one of my competitor. Problem is, she signed a non-compete agreement when she started working for me.

Here again, what are my options to enforce this agreement?

Thank you so much for your input

You should speak with the attorney who helped you draw up the employment contract and non-compete agreement.

 

[Millenium1450]

Thank you for your message, but the contract was not drawn up by an attorney. It is a standard contract anyone can find online.

Your input would be greatly appreciated.

Many thanks

 

[cbg]

As far as the law is concerned, you can't force her to work a single moment longer than she wants to. We outlawed slavery in this country quite some long time ago. As far as the law cares, she can walk out the door for the last time any time she wants to and there's not a darned thing you can do about it except refuse to rehire her, should she ever apply for rehire.

So the answer to your question is going to be found in the "contract". What does the contract say you can do if she doesn't honor the notice period? What does the contract say you can do if she goes to work for a competitor?

 

[quincy]

What is the name of your state (only U.S. law)? NV

... I am pretty sure she is going to work for one of my competitor. Problem is, she signed a non-compete agreement when she started working for me.

Here again, what are my options to enforce this agreement? ...

I agree with cbg that there is nothing you can do to prevent the employee from walking out the door whenever she chooses, and I agree with both Zigner and cbg that what you can and cannot do to enforce your agreement with the employee depends on the terms of the agreement signed by the employee with your company.

Here for your information, however, is a link to a Labor and Employment Law Journal article written by Robert Rosenthal, titled "The Enforceability of Non-Compete Agreements in Nevada, Including an Analysis of Geographic Limitations." The article covers nicely non-compete laws (with case law) that govern employers and employees in Nevada.

http://howardandhoward.com/user_are...oymentJournal-Vol1Issue1 - Rosenthal 3-15.pdf

 

[latigo]

I agree with cbg that there is nothing you can do to prevent the employee from walking out the door whenever she chooses, and I agree with both Zigner and cbg that what you can and cannot do to enforce your agreement with the employee depends on the terms of the agreement signed by the employee with your company.

Here for your information, however, is a link to a Labor and Employment Law Journal article written by Robert Rosenthal, titled "The Enforceability of Non-Compete Agreements in Nevada, Including an Analysis of Geographic Limitations." The article covers nicely non-compete laws (with case law) that govern employers and employees in Nevada.

http://howardandhoward.com/user_are...oymentJournal-Vol1Issue1 - Rosenthal 3-15.pdf

Makes me sick to think of all the time I wasted in researching, reading, analyzing, comparing and briefing case law and submitting all of those hundreds of hundreds of lengthy trial and appellate briefs!

Just sickening when I could have simply inserted a page or two of URLs and let the judges or their clerks do the job and hope that we saw eye-to-eye and that they were favorably moved!

Do you suppose they would suffice to earn a J. D. and pass a bar exam?

Do you suppose if and when the OP struggles through those 53 pages that she will know any more than she does now?

 

[Zigner]

Makes me sick to think of all the time I wasted in researching, reading, analyzing, comparing and briefing case law and submitting all of those hundreds of hundreds of lengthy trial and appellate briefs!

Just sickening when I could have simply inserted a page or two of URLs and let the judges or their clerks do the job and hope that we saw eye-to-eye and that they were favorably moved!

Do you suppose they would suffice to earn a J. D. and pass a bar exam?

Do you suppose if and when the OP struggles through those 53 pages that she will know any more than she does now?

This is really uncalled for. Lest you forget: The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. To my knowledge, Quincy has never stated, suggested, or implied that he is an attorney. Quincy's link will provide valuable information that will assist the OP in his/her decision making process on this matter.

With that said...exactly what advice have YOU provided to the OP? The post I have quoted is merely an uncalled for attack on an eminently helpful fellow member of this forum. One which, in my opinion, calls for an apology.

 

[quincy]

Makes me sick to think of all the time I wasted in researching, reading, analyzing, comparing and briefing case law and submitting all of those hundreds of hundreds of lengthy trial and appellate briefs!

Just sickening when I could have simply inserted a page or two of URLs and let the judges or their clerks do the job and hope that we saw eye-to-eye and that they were favorably moved!

Do you suppose they would suffice to earn a J. D. and pass a bar exam?

Do you suppose if and when the OP struggles through those 53 pages that she will know any more than she does now?

It's only 27 pages. I am sorry to hear you found the article a struggle to read, latigo.

To answer your questions: It takes more than reading an article to earn a J.D. and pass the bar exam, and I suppose the OP will learn more from the link to information on non-competes in Nevada than the OP will learn from your post.


(thanks, Zigner - I find latigo's posts sometimes amusing and sometimes worthless but I am rarely upset by what he writes )

 

[Mass_Shyster]

As a single point of reference, a corporation I'm familiar with filed a suit against a former employee for breach of the non-compete. They spent $75,000 on legal fees and ended up with an injunction against the former employee. They never recovered any money from him. There was to be a hearing to determine damages, but it was never held, as everyone knew he didn't have a job or the ability to pay anything.

Since this was an outside salesman, it was pretty easy to prove that he had gone to work for a competitor. (He was seen at a trade show manning the competitor's booth). Had he kept a low profile, he would have gotten away with it.

 

[quincy]

As a single point of reference, a corporation I'm familiar with filed a suit against a former employee for breach of the non-compete. They spent $75,000 on legal fees and ended up with an injunction against the former employee. They never recovered any money from him. There was to be a hearing to determine damages, but it was never held, as everyone knew he didn't have a job or the ability to pay anything.

Since this was an outside salesman, it was pretty easy to prove that he had gone to work for a competitor. (He was seen at a trade show manning the competitor's booth). Had he kept a low profile, he would have gotten away with it.

It is the high cost of pursuing legal actions that has led to an increasing number of employers including in their employment contracts "liquidated damage" provisions, which allow for recovery of predetermined, stipulated compensation if an employee breaches the terms of the contract.

This type of provision is often included in contracts that have non-compete clauses. As long as the predetermined damages are not so unreasonable as to be seen as punitive in nature, these clauses can be enforced.

I believe the link on non-competes that I provided earlier addresses liquidated damage clauses, somewhere in the very lengthy article.

 

[Millenium1450]

Thank you so much for your valuable inputs, and for the very interesting URL link.

All my best to all.

 

[quincy]

Thank you so much for your valuable inputs, and for the very interesting URL link.

All my best to all.

We all appreciate the thanks, Millenium1450.

And I am especially happy to hear you found the link interesting.

Good luck.