HR IssuesApr 26, 2019
NewrjKT57

Non-compete agreement

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.

NIO st8shooter Apr 26, 2019

Are you in California? Non-compete is illegal in Cali.

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rjKT57 OP Apr 26, 2019

I am North Carolina where this is legal unfortunately.

Amazon 🚀☄️ Apr 26, 2019

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.

Morgan Stanley hotChicken Apr 26, 2019

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.

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rjKT57 OP Apr 26, 2019

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?

Amazon 🚀☄️ Apr 26, 2019

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.

Microsoft Tier 1 Apr 26, 2019

Just ignore them

Nvidia wagecuck Apr 26, 2019

Ignore, doubt they have the money to litigate

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AnEngineer Apr 26, 2019

Name and shame! Companies like this should find it imposible to hire

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Jaybbc Apr 26, 2019

Sounds like a bunch of dicks

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rjKT57 OP Apr 26, 2019

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.

Dropbox drl/ Apr 27, 2019

Dont sign any documents before you leave.

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rjKT57 OP Apr 27, 2019

What kind of documents do you mean?

OpenTable Meliodas Apr 27, 2019

Any documents. They have to pay you for the days you worked regardless of what you sign.

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FourHrWkWk May 6, 2019

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