Recently, at work, we had a very important employee give his two weeks notice. His importance is magnified by the fact that nearly everybody else at the company has quit, with him being the only one with over a year of experience. (He has over a decade here.)
The employer said that because his name was on the proposals when customers signed contracts with us, they could be sued by customers, and in turn would sue him for not staying. As a result, the job he was going to take rescinded their offer, despite the fact that the pay was better, the hours were less (he's often here till midnight), and he'd be treated much, much better.
As you might guess, I'm desperate to get out of here, but this development concerns me, because I'm probably the second most important person here behind him. I've got my name on all sorts of contracts! What do I do?!
2007-02-22 05:47:47 · 13 answers · asked by Rainier 5 in Politics & Government ➔ Law & Ethics
Update: I should note that on these contracts I have not signed anything. They are only signed by the customers.
Furthermore, I do have a non-compete, but that is not an issue as I'm not even looking for work in the same field, or the same area. It's too expensive to live here, so I'm considering moving to a place that sells new homes for less than $500K.
2007-02-22 05:55:38 · update #1
Empty threat by desperate owners.
Don't sweat it - he/she is trying to scare you into staying to save his business.
Your name is on contracts between your employer and clients. This contract(s) stipulate work to be performed by your employer for the client. The contract is NOT between YOU and the client but your employer and the client. This is why the client is facing suits by customers (breach of contract, specific performance) and you are not. They can't sue you since the contract is between your company and the client (you are merely a representative of the company).
Your employer has almost zero recourse in this against his/her employees. The only way possible would be the existence of a written policy/contract that stated all outstanding work is to be completed before termination (needs to be signed by both parties). Should such a clause/contract/employment policy exist, the employer may have recourse in courts depending upon the clause itself. These almost never exist except in the case of contract employees.
In reality, nothing will happen. He may threaten to sue you and you may be scared. Of course, that fear may prompt you to remember the unwanted homosexual advances made against you in your sexual harassment and wrongful termination suits.
Quit. Move on.
2007-02-22 06:08:03 · answer #1 · answered by jw 4 · 1⤊ 0⤋
You might wish to consult an attorney, as there may be something unusual where you live, but in most places you will likely find that this employer is flatly wrong.
A employee's signature on a contract, presuming the person signing it has the authority to do so, binds the company to the contract. It does not bind or carry over to the employee if he/she chooses to leave the company at a later date.
An exception could exist, such as if it can be shown complicity between employer/employee existed, and that some plan was in place to use the employee's name and reputation in order to gain an otherwise unachievable contract, but both employer and employee knew in advance of signing that the employee would not be there to fulfill any attached obligations.
That, I would think, would be unusual, and unless it does apply to you, then you should be able to leave the company at any time.
If you have a contract with the employer, or a list of employee conditions that factor into your employment, look it over (or have legal counsel do this for you) to see if there is anything specified about your joining a competitor of your current employer, as such clauses are not unusual for key personnel.
2007-02-22 06:14:22 · answer #2 · answered by Ef Ervescence 6 · 0⤊ 0⤋
Your question is unclear. Slavery, having been abolished by law throughout the US in 1865, no one can legally sue an employeefor quitting employment. However in the presence of a non-compete agreement they can prevent an employee for sengaging in competing employment for a reasonable period over a reasonable geographical market area. They can also prohibit an employee from using knowledge gained in his employment for the benefit of a competitor. Moreover, an employee owes a duty of loyalty to his employer, even without a non-compete agreement Thus, an employer can legally prevent an employee from converting to his own benefit contracts, or other benefits resulting from his actions while in his employ. For instance, a salesman employed by a jeweler cannot solicit a purchase order from a customer, and then quit and transfer the sale order to a competitor. Well, he can, but then he will lose his commission & may even be responsible to his former employer for the lost income on the deals.
It appears from your description that something like this latter case may have existed in your firm. As long as you comply with your contracts you should have nothing to worry about. Once you leave you'll be subject to such non-compete or restrictive agreements as exist. Since no one here knows your exact situation and certainly no one here is familiar with the terms of your non-compete agreement; if you have any doubt as to what you should do, you should consult with an attorney whom you can familiarize with the facts.
2007-02-22 06:37:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In most cases, the employee - employer relationship is at will. Which means that either party can terminate the relationship at any time for any reason. Unless there's a contract involved that specifies terms.
In any event, I would recommend contacting an attorney who specializes in employee rights to see what you can do about this.
2007-02-22 05:54:09 · answer #4 · answered by some_guy_times_50 4 · 0⤊ 0⤋
Unless you have signed a contract with the employer, he cannot sue you for leaving.
If the employers contracts with customers don't protect his business, then it is a lousy contract he has drawn up and that is HIS problem, not yours.
No one can force you or intimidate you to stay at a job where you want to leave if you don't have a signed contract.
2007-02-22 05:54:53 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The contracts are still binding, as long as the signer was an emplyee at the time of signing. You can't be sued for quiting.
You CAN be sued for going to a competitor though. Check your employement contract. Even w/o a contract they can also sue you if you cantact any of their customers and try to effect their business in any way.
2007-02-22 05:53:00 · answer #6 · answered by Anonymous · 1⤊ 0⤋
most states have at-will employment. that only works if you haven't signed a contract of employment with your direct employer. When you sign your name on a contract with a client , you are the representation of the company not of yourself, so don't fret you cannot be sued as long as there isn't a contract of your employment to the company
2007-02-22 05:57:04 · answer #7 · answered by kyle_presley2002 2 · 1⤊ 0⤋
Sounds like Gestapo tactics. Get a copy of what you signed, but him threatening sounds illegal. Check with your state employment development department.
2007-02-22 05:55:01 · answer #8 · answered by Anonymous · 0⤊ 0⤋
any contracts signed were signed as a agent of the company. you have every right to end your employment whenever you want, unless you signed a contract agreeing to work for a period of time.
2007-02-22 05:53:06 · answer #9 · answered by Anonymous · 2⤊ 0⤋
id call their bluff and leave..as long as u hand in proper notice and do it to company regulation..
if u do this after ur notice period the job is no longer urs then u r not liable for anythin wether u signed anythin or not as anythin u did sign was because u were the company representive at that time..it is up to ur managers to manage the situation and change any paperwork after u leave..i dont see how this would be ur problem
2007-02-22 05:54:42 · answer #10 · answered by Anonymous · 1⤊ 0⤋