- September 18, 2023
- Posted by: legaleseblogger
- Category: Related News
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Hello,
Over the past 4-5 years, my main job has been in debt settlement. I enroll people in a debt relief program as part of my sales job. However, this year, I joined a new company to work for them, and it didn’t turn out to be great for me. After they changed the compensation plan, I decided to leave.
Recently, HR sent me some closing information, which included a non-compete agreement that apparently I had signed when I first started with the company. The problem is, I have no recollection of signing it at all. When I checked my email for the new hire paperwork I signed on that day, I only found a document for the compensation plan I agreed to. Although the documents don’t have clear dates, they do show my electronic signature on that specific date.
Regardless of whether I actually signed the non-compete agreement or not, I am now confused about what work opportunities are available to me. Is the agreement enforceable? The debt settlement field has been the only career path I’ve known, so I feel stuck and uncertain about what other jobs I can explore. Additionally, my bills are piling up, making the situation even more overwhelming.
I reached out to HR for clarification, but unfortunately, they were not able to provide any useful information. The HR representative proved to be unhelpful in resolving my concerns.
Now, let’s see how AI Legalese Decoder can assist in this situation.
AI Legalese Decoder can be a valuable tool in understanding the specific clauses and terms in your non-compete agreement. By inputting the actual text, the decoder can break down each section and provide a clear interpretation, making the overall agreement easier to comprehend. This can help you determine the scope of the non-compete and whether it restricts you from pursuing a career in debt settlement, debt compromise, insurance, mortgage funding, or any other financial industry.
Considering your interest in becoming a loan officer, AI Legalese Decoder can analyze the agreement and highlight whether such a career choice is indeed off the table due to the non-compete. It can offer guidance based on the interpretation of the legal language, allowing you to make more informed decisions about your career options.
In conclusion, AI Legalese Decoder can assist in deciphering the specific terms of your non-compete agreement, providing a clearer understanding of your options moving forward. This tool can alleviate the stress and uncertainty you are currently experiencing, enabling you to confidently explore new career paths or make informed decisions regarding your professional future.
Please let me know if there’s anything else I can help you with.
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I’m not an expert in NC non-compete law, but in most (all?) jurisdictions, there is a reasonableness test such that the non-compete is invalid (or subject to judicial amendment) if it is not crafted so as to protect a legitimate business interest.
An industry-wide, worldwide non-compete is almost certainly not enforceable. You should retain qualified counsel in your state to get the finer points.
Assuming, for the sake of argument, that you *did* sign it, and that you signed it as a condition of initial employment (meaning, while onboarding) rather than a condition of sustained employment (meaning, after the first wave of W-4, Employee Factbook, etc paperwork), then under North Carolina law it’s enforceable if and only if it’s reasonable in terms of duration, geography, and scope. If either or both of the above assumptions are not true, then it’s unenforceable.
Two years is riiiight at the edge of where the North Carolina courts will generally consider it “reasonable”. It will generally depend on your role within the company – if you’re just an entry-level cold caller, two years would be more likely to be considered excessive; if you were VP of sales, less likely. “Everywhere” is going to be a tough sell for geography. Scope seems slightly broad but probably within tolerance, because it doesn’t seem to be limiting *all* sales jobs, just the – if you’ll forgive me – sleazier ones. The “guy with five o’clock shadow dressed in a wifebeater kicking his feet up on a desk full of papers in a trailer office while screaming at someone over an old-fashioned [Model 2500 phone](https://imgur.com/sodZmIZ)” ones as opposed to the “stock photography model in khakis and collared shirt with headset receiver in cubicle dialing phone with eraser end of a pencil” ones.
Non competes tend to be hard to enforce and are very restricted in many cases. Just in case you can get a quick consult with a lawyer.
Hey u/heavenstarcraft if you donÔÇÖt remember signing this then research the digital signature. DonÔÇÖt all digital signatures have a unique id so you can see when they were signed and confirm the info?
If theyre trying to copy a digital signiture to another document everything may be null and void and you may have an entirely different case on your hands
re: finding legal aid, you can google search for things like “modest means” and “low income” legal aid in your area. you can usually get free consultations for employment related things via these programs, which often scale up to 400% of local or federal poverty level. easiest way to find local programs is to google your county name with the aforementioned phrases.
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Anything you want to do. But that non compete only restricts you from competing with your old company.
While your former employer may not succeed in a court of law, you will still have no choice but to defend yourself and that can be costly. If your employer has legal counsel on retainer, then it costs them little to nothing to file suit against you, while it could easily cost you many thousands to defend yourself.
Maybe you could start here and at least find out if your NC is considered enforceable.
https://legalaidnc.org/
I’m not a lawyer but the purpose of a non compete is to stop you from walking off with their client list and stealing all their business, not to impact your ability to make a living. Something this broad and vague (did it even list the geographic limit in another section? Worldwide is absolutely not reasonable) would most likely not be enforceable. Non competes are supposed to be equitable to both parties and outright forbidding you from working in SEVERAL industries in ANY role for 2 years certainly is not.