Angry Ex-Employer

[saieddie]

Senior Life Insurance Company. They kept all my future residuals once they took away my downline.

Sounds like you signed a crappy contract.

 

[JCarver]

What company was this with? And did they also take away all of your residuals?

Senior Life Insurance Company. They are keeping all the future residuals as well as overrides from me from my downline. I spent several years building that team.
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Sometimes things happen that just make you speechless. JC I wish you and yours the best.

Thank you very much! It's been really tough.
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Have you talked to other attorneys? Geez, I can't imagine not winning that battle!

Can't afford any now. I've paid out almost $6,000 to my attorney and she sent me her "final bill" and I haven't seen a dime of my money they stole from me.
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Is it LC out of Marietta you left?

Thomasville GA

 

[Mr. Bill]

Senior Life Insurance Company. They are keeping all the future residuals as well as overrides from me from my downline. I spent several years building that team.
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Thank you very much! It's been really tough.
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Can't afford any now. I've paid out almost $6,000 to my attorney and she sent me her "final bill" and I haven't seen a dime of my money they stole from me.
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Thomasville GA

Back to the attorney - what do you mean "final bill" - talk with another attorney. You may have a malpractice suit on your hands against the first attorney!!!

 

[stuy119]

I just got a call from a former co-worker, giving me the heads up about some issues coming from the agency owner (I resigned from my postion last week). Sounds like she is pretty angry about my departure and "opening an investigation" on my leaving the business.

I believe I have done everything properly......I do not have any company documents / information and I have not written any business conflicting with my non-compete contract etc.

Is there anything else to be concerned with? Anything sneaking they can pull to interfere with my business?

I will be talking to my lawyer (who set up the incorporation) today, I guess I could open a liability suit if she interferes with my business?

I don't know about GA, but in IL they will almost always reject the non-compete clause in a contract if challenged. The non-compete is illegal in that it interferes with your ability to earn a wage. A quick call to a lawyer of a check on Google should give you a good idea of what you can expect.

 

[xrac]

There is a lot of difference in being angry and doing something. If you former employer goes after you it will also cost them money. If you don't do anything to provoke a fight a prudent employer will not spend the money to just harass.

 

[Paradigm]

There is a lot of difference in being angry and doing something. If you former employer goes after you it will also cost them money. If you don't do anything to provoke a fight a prudent employer will not spend the money to just harass.

I agree it sounds like bluster to me coordinated of course so your friend who they knew would tell you heard it all. Its just intimidation. I wouldnt worry too much yet.

 

[JCarver]

Back to the attorney - what do you mean "final bill" - talk with another attorney. You may have a malpractice suit on your hands against the first attorney!!!

Thanks...I have thought about that option. I am far from being done this fight.

 

[somarco]

Just curious.

Of those who have responded, how many, other than me, actually first hand experience with a non-compete lawsuit?

 

[SportsNut]

Just curious.

Of those who have responded, how many, other than me, actually first hand experience with a non-compete lawsuit?

Fortunately I have NO experience with a non-compete... but I was wondering if your suit was over an Insurance contract, or one in another field... and how did it turn out Bob...?

It is my opinion that non-competes are hard to enforce if they are worded in such a way that they restrict your future ability to make a living. If they are worded in such a way that you cannot do biz with their client base for X period of time, or use a specific trade secret... (not just the broad know-how of selling ins), therein harming their business or revenue stream, then that clause is much more enforcable. How did your scenario match up to those two distinct areas...?

 

[somarco]

It was in the insurance field.

I ran a regional office (6 states) for a large managing underwriter for 8 years and was terminated shortly after the firm was sold. At first they fired a warning shot, reminding me of the non-compete. Then I heard nothing for almost 2 yrs.

By then they had lost 70% of the business I had written and were looking for someone to pin it on. I had a 2 yr non-compete. They sued me in the 22nd month.

I spent a year fighting it and roughly $20,000 in legal fees before they dropped the suit. Counter suing was an option, as long as I had another $50,000 or so to throw at it an would be willing to fight it all the way through appeals.

It doesn't matter if the non-compete is enforceable or not. All they have to do is CLAIM damages. They don't even have to prove it.

In civil court the burden of proof is on the one who is being sued. You are required to prove to the court you are not guilty. In the interim there are depositions, discovery subpoena's , and tons of legal fees.

If you work for a small agency nothing may happen unless the owner lost a ton of business with your departure. Big companies will sue you just for the hell of it and think nothing of it.

To say that the contract is unenforceable while true, does not negate the underlying aspects of the legal battle. The actual contract may be thrown out if you ever get to court but if they can show a loss and you cannot adequately defend your actions you lose. Trade secret laws and anti-piracy laws exist outside of employment contracts that can be brought to bear in supporting their case.