Non-compete agreement

New rjKT57
Apr 26 19 Comments

I was working at a start-up for almost two years and decided to resign because of the toxic work environment. They initially offered me a counter offer but once I declined they came back to me a few days later telling about a Business Protection Agreement I had signed while accepting the offer. They asked me to CC them in a mail to the new employer telling about the agreement. The BPA has a non-compete clause which is very broad and practically unenforceable. I replied to them saying that I assure you that I haven't and not going to disclose anything proprietary. They also asked me to give in details about what I have discussed in the interview about my duties and also the details of my role which I refused by just stating that I am not going to a direct competitor and also not disclosed anything. I have only 5 days left and the CEO just asks me the same thing multiple times every day. Even today suddenly he/she came and asked to show what I was chatting with someone at work invading my personal space. What do you suggest I do in this situation.

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TOP 19 Comments
  • Morgan Stanley hotChicken
    Fuck these guys, pretty sure it's illegal

    Just googled for you :

    Non-compete agreements are not viewed favorably under North Carolina law. To be valid, they must be designed to protect a legitimate business interest of the employer. If it is too broad to be considered a reasonable protection of the employer's business, it will not be enforced.
    Apr 26 5
    • New rjKT57
      OP
      The actual agreement is from Delaware(even though I don't work there) where this is acceptable and my fear is since I am on an H1B Visa will this cause an issue in any way further down the road. Also can then keep my last paycheck?
      Apr 26
    • Amazon 🚀☄️
      There is no state in the union where slavery is legal. You cannot be made to work, and they can't refuse to pay you.

      They could definitely deduct the days you don't work or cancel any bonus.

      The h1b you should navigate with a lawyer. If you are joining on receipt that's a bit dicey but sounds like it would have been no matter what.
      Apr 26
    • Wayfair Oktc58
      The Delaware Chancery Court ruled on this exact question and found that the state in which you work and in which the NDA was signed is the controlling law, even if the contract states otherwise. A company cannot set Delaware as controlling the law of a contract if the parties are not in Delaware:

      https://courts.delaware.gov/opinions/download.aspx?ID=218380
      Apr 26
    • New rjKT57
      OP
      I feel their main aim is to sabotage my future job which is why I am little scared. Also, I have an approved H1B.
      Apr 26
    • Morgan Stanley hotChicken
      They can't do shit tbh. I understand your fear, but it's going to be alright
      Apr 26
  • Amazon 🚀☄️
    Nobody can force you to work, tell them if they don't let up today is your last day rather than 5 more. Notice period is a courtesy, we don't have slavery in the USA anymore.

    If they demand you sign documents and give statements you should retain an attorney and direct all questions to your attorney.
    Apr 26 0
  • Dropbox drl/
    Dont sign any documents before you leave.
    Apr 27 3
    • New rjKT57
      OP
      What kind of documents do you mean?
      Apr 27
    • OpenTable Meliodas
      Any documents.

      They have to pay you for the days you worked regardless of what you sign.
      Apr 27
    • New rjKT57
      OP
      Can I quit before my notice period ends?
      Apr 30
  • Are you in California? Non-compete is illegal in Cali.
    Apr 26 1
    • New rjKT57
      OP
      I am North Carolina where this is legal unfortunately.
      Apr 26
  • Name and shame! Companies like this should find it imposible to hire
    Apr 26 0
  • New Jaybbc
    Sounds like a bunch of dicks
    Apr 26 1
    • New rjKT57
      OP
      People leave all the time because of the toxicity but since a few of us are on H1B they know we can't leave as easily and exploit that.
      Apr 26
  • Yes you can quit whenever you want. These guys sound paranoid and creepy. Beat to complete your transition, give them your keys, and let them know you won’t be returning. You won’t get paid for those days, but better than being interrogated
    May 6 0
  • Nvidia wagecuck
    Ignore, doubt they have the money to litigate
    Apr 26 0
  • Microsoft Tier 1
    Just ignore them
    Apr 26 0