BPS suing

[Lanierspotman]

Last 3 jobs handed me a non-compete after being on the job for months, having gained my client and sales pipeline information and having clients I brought them earning them money and I had to sign to keep my salary and commissions. I had a choice and if I wanted to get paid what I earned, I had to sign. I eventually left these companies and they came after me. In 2 cases I was delivered an attorney letter and told to cease work. The states of jurisdiction were GA, MO, and MN. All 3 states have laws that provide safe haven for workers against non-competes with the exception of non-competes that compensate the worker fairly during the duration of the sitout time.

MN found the $250 paid to sign be of no significance and the agreement was unenforceable. Case law in most states does not permit worked to give up their rights or companies to strip workers of their rights without appropriate compensation. Trade secrets and stealing clients is another manner and addressed differently under the law.

As stated above by someone else, a severance agreement where an employee takes money during separation for ceratin conditions would not apply to my statement above. Chief level executives with super high salaries are often treated differently under the law.

I have beat noncompetes without court, I have friends that have beat them in court, I have worked for companies that lost in court, and I have seen companies forced to pay full salary, benefits and bonus for the time of the non-compete by courts.

Basically you cannot give or be forced to give away your rights to work without proper compensation and usually that means full or nearly full pay to most courts.

This is not legal advice, retain your own counsel to discuss your rights as a worker is the best plan.

[grandbassslayer]

Like others have said non competes are almost un enforceable. Johnny has a lot of money to spend and most attorneys are eager to take it. If anyone of us normal folk consulted an attorney about suing a former employee over this they'd tell you its a waste of money.

[Casslaw]

Florida is a right to work state BUT you chose to sign the contract...I’ve seen it go both ways. I deal with people in the heavy equipment industry and while the non compete may or may not be enforceable....other companies won’t touch you because the money to fight it out in court isn’t worth it.

The response my clients get is “call me when your non compete is done” I can explain the law to the potential employer, they don’t care, you have baggage!

[Idaho Sandman]

Last 3 jobs handed me a non-compete after being on the job for months, having gained my client and sales pipeline information and having clients I brought them earning them money and I had to sign to keep my salary and commissions. I had a choice and if I wanted to get paid what I earned, I had to sign. I eventually left these companies and they came after me. In 2 cases I was delivered an attorney letter and told to cease work. The states of jurisdiction were GA, MO, and MN. All 3 states have laws that provide safe haven for workers against non-competes with the exception of non-competes that compensate the worker fairly during the duration of the sitout time.

MN found the $250 paid to sign be of no significance and the agreement was unenforceable. Case law in most states does not permit worked to give up their rights or companies to strip workers of their rights without appropriate compensation. Trade secrets and stealing clients is another manner and addressed differently under the law.

As stated above by someone else, a severance agreement where an employee takes money during separation for ceratin conditions would not apply to my statement above. Chief level executives with super high salaries are often treated differently under the law.

I have beat noncompetes without court, I have friends that have beat them in court, I have worked for companies that lost in court, and I have seen companies forced to pay full salary, benefits and bonus for the time of the non-compete by courts.

Basically you cannot give or be forced to give away your rights to work without proper compensation and usually that means full or nearly full pay to most courts.

This is not legal advice, retain your own counsel to discuss your rights as a worker is the best plan.

Best post yet.

[Lanierspotman]

I think folks are confusing legally binding contracts and non binding agreements. Just because you sign something does not mean it’s legally enforceable.

Rights cannot be signed away without significant compensation in regards to working rights has been my experience. Been in the court room with a really good non-compete in my companies favor and watched us loose and get a lecture from a Georgia judge.

[Mark Perry]

Like others have said non competes are almost un enforceable. Johnny has a lot of money to spend and most attorneys are eager to take it. If anyone of us normal folk consulted an attorney about suing a former employee over this they'd tell you its a waste of money.

I am sure Mr. Morris did not get rich by pissing money away frivolously on lawyer fees. I bet he has some pretty good attorneys on his team. He is too smart and too successful to throw money away.

[Bassin Bob71]

JM is big on non-competes. Just ask the Vexus crew.

Do you blame him?

[grandbassslayer]

I am sure Mr. Morris did not get rich by pissing money away frivolously on lawyer fees. I bet he has some pretty good attorneys on his team. He is too smart and too successful to throw money away.

I agree, but you can't tell me someome with deep pockets doesnt occassionally let pride and ego get in the way.

[BigSexyPhoenix]

When my wife was a store director at Academy Sports she got a new district manager that came from Walmart. He decided to clean house so he could bring in his Walmart buddies and he walked in one day and fired my wife after 17 years as a store director. They made her sign a non compete clause stating that she would not work for any of their direct competitions and specifically named numerous outdoor stores including BPS and Cabela’s. She signed it since there was a nice severance package attached to it. Now she makes even more money, works less, and Academy just fired the DM becusse his district was failing and he ran off all the good people

[Axkiker]

So let me see if I'm understanding something. If I were to sign a non compete I would need to be compensated above and beyond my typical pay for it to be enforceable?

Ive signed several and wasn't ever offered crap.

[Jeff Hahn]

So let me see if I'm understanding something. If I were to sign a non compete I would need to be compensated above and beyond my typical pay for it to be enforceable?

Ive signed several and wasn't ever offered crap.

Not necessarily "above and beyond," but a reasonable amount, based on all the facts in your situation.

[billspence]

The BBC legal department is hard at work on a Saturday. I'm not so sure this guy got to where he is by leaving loopholes a bunch of keyboard attorneys can find.

[Axkiker]

Not necessarily "above and beyond," but a reasonable amount, based on all the facts in your situation.

But it would be separate from my normal pay correct ???

[Hoot]

When my wife was a store director at Academy Sports she got a new district manager that came from Walmart. He decided to clean house so he could bring in his Walmart buddies and he walked in one day and fired my wife after 17 years as a store director. They made her sign a non compete clause stating that she would not work for any of their direct competitions and specifically named numerous outdoor stores including BPS and Cabela’s. She signed it since there was a nice severance package attached to it. Now she makes even more money, works less, and Academy just fired the DM becusse his district was failing and he ran off all the good people

Jerks like that usually end up getting what's coming to them when they surround themselves with cronies instead of proven individuals who can do their job and the capable individuals usually end up way better off sure glad to hear this story.

I took what I thought was a knife in the back 25 years ago from a crooked slime ball VP and his gang after a merger. It actually ended up being the knife that cut me loose from that dysfunctional bunch of losers who were all gone within the next 11 months.

[b4uk]

Again, dont sign them. I'm not trying to take a shot. Just saying like a lot if things in life it might not be fair but you always have a choice.

This is a slippery slope how far do you go? Somebody might get the bright idea that since this or that municipality spends the money to train let’s say fireman they should not be able to go and be a fireman anywhere else. And let’s just take it to an extreme so 30 years. What I am saying is they are not fair the way they currently being used. I would not have a problem if it was not the sole intention to try to limit competition.

[MengRanger]

All large corporations require it. Some states don’t recognize them...

[haveme1]

Two outdoor companies started by former managers in Nebraska .... Prolly using the same vendors, aka "juice" gained while at BPS

[larryhyco]

Non compete is legal La. They however can't stop someone from making a leaving. It's a very tricky thing (imagine that from lawyers). I've been around a few of these the past 15 years. You can't go into business against a former employer within preset time limits. If you don't sign a non compete you'll be unemployed.

You hit the nail on the head when you said stoping someone from making a living

[BigSexyPhoenix]

Jerks like that usually end up getting what's coming to them when they surround themselves with cronies instead of proven individuals who can do their job and the capable individuals usually end up way better off sure glad to hear this story.

I took what I thought was a knife in the back 25 years ago from a crooked slime ball VP and his gang after a merger. It actually ended up being the knife that cut me loose from that dysfunctional bunch of losers who were all gone within the next 11 months.

Yep, it takes a while sometimes but people that do shady stuff to employees always get kicked to the curb eventually

[TritonJT]

If a company makes a lot of downstream employees sign non competes, they know their retention rate is low. Their retention rate is probably low for a reason.