# Non-Compete Agreements and my Ex Employer

**URL:** <https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954>\
**Category:** In My Humble Opinion\
**Created:** [June 17, 2014, 2:00am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954 "2014-06-17T02:00:30Z")\
**Posts on this page:** 20\
**Page:** 2

<div class="post-metadata">

**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [June 17, 2014, 7:35pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/21 "2014-06-17T19:35:20Z")

</div>

> [@PunditLisa](#):
>
> I still don’t understand why you’d contact your coworkers and offer to “help them out” when you have no means to help them out.

It’s called “networking”. The Power of Weak Links. It’s how most jobs are found.

It’s also called “friendship” and “respect”.

---

<div class="post-metadata">

**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\
**Post date:** [June 17, 2014, 7:37pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/22 "2014-06-17T19:37:50Z")

</div>

I’m not a lawyer, so I can’t and won’t speak to the legal implications here. But if you honestly think she’s a sociopath, then common sense should be telling you to stay the fuck away from her. You don’t want to do anything that gives a sociopath power (real or imagined) over you. The author of \*Confessions of a Sociopath \*frequently mentions how she enjoys “ruining” people for her own enjoyment. Whatever you do about the letter she sent, don’t put anything else like this in writing again, and don’t go near the business property.

Offering to hook someone up with better employment when you don’t even have a job to offer them is also pretty foolish. An offer that you can’t substantiate just comes off as puffery on your part. Unless you have a superb network (which is cast in doubt given that you’re working for free), you’re getting their hopes up for nothing. You’re trying to paint yourself as a savior, but really you’re just a guy who quit his job without having anything lined up first who’s emailing his former coworkers to stage a coup and piss off his old boss. Most people don’t have the luxury of quitting their shit jobs and doing charity work.

---

<div class="post-metadata">

**Author:** ![PunditLisa](https://avatars.discourse-cdn.com/v4/letter/p/4af34b/32.png) [@PunditLisa](https://boards.straightdope.com/u/PunditLisa)\
**Post date:** [June 17, 2014, 7:45pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/23 "2014-06-17T19:45:23Z")

</div>

> [@ElvisL1ves](#):
>
> It’s called “networking”. The Power of Weak Links. It’s how most jobs are found.
> 
> It’s also called “friendship” and “respect”.

No, it’s called “leading them on” because he had _no jobs to offer them_ and, in fact, is looking for work himself.

---

<div class="post-metadata">

**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [June 17, 2014, 7:48pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/24 "2014-06-17T19:48:11Z")

</div>

That’s not what networking means, and it isn’t what he’s offering. He may not have openings available to offer himself but, if he’s actively looking, he \*knows \*of a lot of them. Some of them he may not be a good fit for and not be pursuing himself, but which might be a fine fit for a former colleague with different interests and skills.

If you’re out looking, you need all the help like that you can find, and ought to be willing to provide it to others in that situation, too.

Have you never found a job because you knew somebody who put you in touch with somebody who knew of a possible opening somewhere else you might not have even known about before? If not, that’s odd, because that’s how most jobs are filled.

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 17, 2014, 8:02pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/25 "2014-06-17T20:02:30Z")

</div>

The email says: if you’ve need a change, let me known and ill try to hth rougjelp. I titled it employment. I also sent one to another guy I know from the company and titled it.marketing… I forgot about that one. They are actively seeking new opportunities while using that job as a stepping stone. They’ve told me this  
in confidence. Im actually starting to think that she literally went through my emails at work because I know these guys.

---

<div class="post-metadata">

**Author:** ![Calatin](https://avatars.discourse-cdn.com/v4/letter/c/439d5e/32.png) [@Calatin](https://boards.straightdope.com/u/Calatin)\
**Post date:** [June 17, 2014, 8:07pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/26 "2014-06-17T20:07:58Z")

</div>

> [@humbled](#):
>
> The email says: if you’ve need a change, let me known and ill try to _hth rougjelp_.

I don’t see what help it would do to summon Cthulhu. 🆒

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 17, 2014, 8:11pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/27 "2014-06-17T20:11:01Z")

</div>

> [@Calatin](#):
>
> I don’t see what help it would do to summon Cthulhu. 🆒

Haha. That’s pretty funny.

---

<div class="post-metadata">

**Author:** ![Fuzzy\_Dunlop](https://avatars.discourse-cdn.com/v4/letter/f/848f3c/32.png) [@Fuzzy\_Dunlop](https://boards.straightdope.com/u/Fuzzy_Dunlop)\
**Post date:** [June 17, 2014, 8:19pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/28 "2014-06-17T20:19:57Z")

</div>

> [@humbled](#):
>
> What a great first impression I’m making. I’ve already confessed that my living situation sucks, and now I’m confessing that my work situation really sucked.

Between your two threads, I get the impression you’re a consummate busybody with an insatiable desire to create trouble for yourself.

You did a background check on your landlady’s son simply because he’s 36 years old, and are convinced he’s some kind of drug dealer/gangster because he had some legal problems in the past. Your employer gave “weird vibes” so you became convinced she was a psychopath and quit and tried to steal your former colleagues even though you had no opportunities to offer them.

I believe that as long as you actively seek out trouble, you’re certain to find it. You should examine your motives.

[QUOTE=humbled]  
The company was hemorrhaging money and I know this because of my conversations with the accountant. Despite that, I tried to help.  
[/QUOTE]

By the way, it’s not magnanimous or remarkable to do the job you’re being paid for even though your employer is losing money. Business developers often have to work for companies that are in the red.

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 17, 2014, 8:42pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/29 "2014-06-17T20:42:39Z")

</div>

> [@Fuzzy\_Dunlop](#):
>
> Between your two threads, I get the impression you’re a consummate busybody with an insatiable desire to create trouble for yourself.

Noted. Thank you.

> [@](#):
>
> I believe that as long as you actively seek out trouble, you’re certain to find it. You should examine your motives.

Thank you kind person. You are very helpful. I will definitely do some soul searching and perhaps I will ask spirits for guidance.

You might really like this since you seem to be into this stuff but I got a fortune today from a fortune cookie that said that I’m going to die alone while poorly dressed.

---

<div class="post-metadata">

**Author:** ![Rachellelogram](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rachellelogram/32/8689_2.png) [@Rachellelogram](https://boards.straightdope.com/u/Rachellelogram)\
**Post date:** [June 17, 2014, 10:55pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/30 "2014-06-17T22:55:29Z")

</div>

> [@humbled](#):
>
> Im actually starting to think that she literally went through my emails at work because I know these guys.

Why would this be a problem? Company emails are company property. You aren’t entitled to privacy when you’re using corporate resources, and neither are your former coworkers.

---

<div class="post-metadata">

**Author:** ![Fishtar](https://avatars.discourse-cdn.com/v4/letter/f/ed655f/32.png) [@Fishtar](https://boards.straightdope.com/u/Fishtar)\
**Post date:** [June 18, 2014, 1:32am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/31 "2014-06-18T01:32:18Z")

</div>

> [@humbled](#):
>
> You might really like this since you seem to be into this stuff but I got a fortune today from a fortune cookie that said that I’m going to die alone while poorly dressed.

What kind of restaurant did you get that in? I always though evil fortune cookie messages were a great idea (Fight Club kinda thing), Bit I have never heard of anyone actually getting one.

If I was you I would stay inside when it is raining, because the way your month is going you are bound to get hit with lighting. Might be wise to try and dress extra nice too…

---

<div class="post-metadata">

**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\
**Post date:** [June 18, 2014, 1:44am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/32 "2014-06-18T01:44:57Z")

</div>

> [@humbled](#):
>
> Im actually starting to think that she literally went through my emails at work because I know these guys.

I was 100% behind the OP until this line. It sounds as if you’re emailing your former co-workers at their jobs, using their company email accounts, and encouraging them to quit their jobs.

I don’t think that qualifies as “raiding” or any other violation of a non-compete. But it does strike me as the kind of thing that would piss off an ex-boss enough to have her call her lawyer.

My advice would be to communicate with your ex-coworkers at their homes, using their home emails, on their own time, and leave the workplace entirely out of this.

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 18, 2014, 2:24am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/33 "2014-06-18T02:24:36Z")

</div>

> [@Fishtar](#):
>
> What kind of restaurant did you get that in? I always though evil fortune cookie messages were a great idea (Fight Club kinda thing), Bit I have never heard of anyone actually getting one.
> 
> If I was you I would stay inside when it is raining, because the way your month is going you are bound to get hit with lighting. Might be wise to try and dress extra nice too…

I’m sorry. Who are you again?

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 18, 2014, 2:27am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/34 "2014-06-18T02:27:10Z")

</div>

> [@kunilou](#):
>
> I was 100% behind the OP until this line. It sounds as if you’re emailing your former co-workers at their jobs, using their company email accounts, and encouraging them to quit their jobs.
> 
> I don’t think that qualifies as “raiding” or any other violation of a non-compete. But it does strike me as the kind of thing that would piss off an ex-boss enough to have her call her lawyer.
> 
> My advice would be to communicate with your ex-coworkers at their homes, using their home emails, on their own time, and leave the workplace entirely out of this.

Okay, now I agree with this. Lesson learned. I dun goofed. I realize that, but I would like to at least move on now without suffering any financial damages on my end.

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 18, 2014, 2:30am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/35 "2014-06-18T02:30:35Z")

</div>

> [@Rachellelogram](#):
>
> Why would this be a problem? Company emails are company property. You aren’t entitled to privacy when you’re using corporate resources, and neither are your former coworkers.

I sent them via my home emails to their work emails. She either went through my personal emails that might have been saved on the computer or she went through co-workers emails or they reported it to her. I honestly didn’t have their other info on me. Yes, it was a mistake. I’ll admit it. I didn’t think it through that well.

---

<div class="post-metadata">

**Author:** ![Fishtar](https://avatars.discourse-cdn.com/v4/letter/f/ed655f/32.png) [@Fishtar](https://boards.straightdope.com/u/Fishtar)\
**Post date:** [June 18, 2014, 3:26am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/36 "2014-06-18T03:26:02Z")

</div>

> [@humbled](#):
>
> I’m sorry. Who are you again?

The guy who told you have nothing to worry about way up thread. Attempt to cheer through black humor FAILED. Will not bother you again.

---

<div class="post-metadata">

**Author:** ![humbled](https://avatars.discourse-cdn.com/v4/letter/h/c0e974/32.png) [@humbled](https://boards.straightdope.com/u/humbled)\
**Post date:** [June 18, 2014, 5:04am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/37 "2014-06-18T05:04:49Z")

</div>

> [@Fishtar](#):
>
> The guy who told you have nothing to worry about way up thread. Attempt to cheer through black humor FAILED. Will not bother you again.

Wow. I can’t believe I misinterpreted that so badly. I’m sorry, friend.

---

<div class="post-metadata">

**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [June 18, 2014, 8:21am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/38 "2014-06-18T08:21:33Z")

</div>

> [@Calatin](#):
>
> I don’t see what help it would do to summon Cthulhu. 🆒

Well, we’d need to know if hth rougjelping is forbidden in his non-compete contract.

---

<div class="post-metadata">

**Author:** ![msmith537](https://avatars.discourse-cdn.com/v4/letter/m/d9b06d/32.png) [@msmith537](https://boards.straightdope.com/u/msmith537)\
**Post date:** [June 18, 2014, 10:35am UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/39 "2014-06-18T10:35:31Z")

</div>

> [@Rachellelogram](#):
>
> Offering to hook someone up with better employment when you don’t even have a job to offer them is also pretty foolish. An offer that you can’t substantiate just comes off as puffery on your part. Unless you have a superb network (which is cast in doubt given that you’re working for free), you’re getting their hopes up for nothing. You’re trying to paint yourself as a savior, but really you’re just a guy who quit his job without having anything lined up first who’s emailing his former coworkers to stage a coup and piss off his old boss. Most people don’t have the luxury of quitting their shit jobs and doing charity work.

I doubt he’s getting their hopes up. It just comes across as flakey. Like who is this guy who just up and quit and is now sending us offers for jobs that don’t exist?

IANAJD, but most of the time, non competes are unenforceable when it comes to taking another job. However, poaching your former employers employees and clients could get you into trouble, depending on what you signed.

---

<div class="post-metadata">

**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [June 18, 2014, 1:40pm UTC](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954/40 "2014-06-18T13:40:21Z")

</div>

Based on the OP’s recent threads, it sounds like he doesn’t really have any money. So, he is what a lawyer would describe as “judgment proof”; that is, even if he was successfully sued, good luck collecting on the judgment. At best, the employer may get an injunction prohibiting him from soliciting the employees for other jobs. Considering he doesn’t have the means to offer them other jobs, that’s not much use, either.

In other words, there is little benefit in actually suing him, even if he did violate a signed non-compete agreement (which the court would be expected to narrowly construe, since public policy favors encouraging people to work). The “nasty gram” from the lawyer is really just a threat to get him to stop emailing his former coworkers. I expect that he will have no more repercussions if he just stops sending emails to their work accounts.

(That’s not to say that he is free to contact the coworkers with impunity. Even if he doesn’t have the money to make good on a judgment, that doesn’t mean that an angry employer won’t drag him through the legal process, forcing him to defend himself, running up expenses, and generally causing headaches. It would be a waste of money, but sometimes vindictive people are willing to waste resources just to watch someone squirm)

[Previous page](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954.md?page=1)

[Next page](https://boards.straightdope.com/t/non-compete-agreements-and-my-ex-employer/690954.md?page=3)
