I used to work repairing computers, but my boss was running the business into the ground and none of the employees were very happy, so I started toying with the idea of starting my own company. Once that got back to the boss, he fired me, but not before forcing everyone to sign agreements saying that we wouldn't disclose company secrets, wouldn't work for or start our own rival businesses, and a bunch of other rediculous stuff. It even gave him the right to search our cars at his discretion! I refused to sign it, but he threatened to withhold my paycheck until I did. I ended up signing it just because I needed the money so badly. Then he fired me immediately afterwards, leaving me unable to work in the only field I have experience in for the next 5 years (the agreement expires 5 years after signature date). I was just wondering if any lawyers our there could let me know if this thing will hold up in court of not. I'm in Virginia, USA, by the way. I know many laws can vary with location
2006-09-11 05:40:21 · 5 answers · asked by zquax 2 in Politics & Government ➔ Law & Ethics
Wow, Your Ex boss sounds like a real jerk. And no it is not valid if you signed it under those circumstances. The problem is proving it. Unless you can get witnesses, it would be your word against his. But I would talk to a lawyer in your area. And see what they have to say, most don't charge or charge very little for a consultation. It can't hurt to at least try. I am really sorry to hear that this happened to you. And I hope you can do something about this jerk. Good Luck.
My hubby says you should start your own business under someone Else's name, a relative would be the best. He says unless the guy has spy's out it would be pretty hard for him to prove you are working in that field. Just a thought.
2006-09-11 05:54:57 · answer #1 · answered by Kali_girl825 6 · 1⤊ 0⤋
You might just want to go ahead with your plans, and the odds are probably very great that he won't don't do anything. If he does, you can worry about that bridge when you come to it, and use what you've just said as a defense. You'd want to get an attorney's advice on this (of course) and then have him on a retainer or stand by just in case something happens. I wouldn't let it deter all of your plans, however, and I think you need to proceed. By the time the guy realizes what's going on or gets around to doing something about it, your business could either be well under way or else the five years might already have expired.
2006-09-11 05:47:47 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Signatures obtained under duress are not valid, but the burden of proof is on you to prove that the signature was given under duress.
You really need to consult with a lawyer on this. You should be able to get an initial consultation for free, so don't worry about the cost for that.
2006-09-11 05:47:53 · answer #3 · answered by Bramblyspam 7 · 1⤊ 0⤋
You need to contact a lawyer immediately as you have grounds to sue this company. Extortion by withholding pay can also be a crime and I would bring this to the attention of the State Employment authorities too.
No state permits such an action. Go get him.
2006-09-11 05:50:04 · answer #4 · answered by Seikilos 6 · 1⤊ 0⤋
no it is definetly not, the problem you might face is ,it would be hard to prove it was signed under duress,unless it would be a rediculous thing to sign with very negative results for yourself..
good luck
2006-09-11 05:43:24 · answer #5 · answered by Anonymous · 1⤊ 0⤋