Non-Compete/Non-Solicitation question

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Aug 5, 2008 3:47 pm

If you signed a non-compete/non-solicitation and the EMPLOYER knows that they cannot win but they issue an injunction against the employee (financial planner), can the employer keep on delaying the court date?

 
By curiousity, how long do these cases take to get a decision?  I know the answer is always "well, it depends" which is obviously true but mine is a small case where I will not hurt the goodwill of the firm but knowing that we are a small firm and the senior partner will be really upset that I am leaving and knows my cashflow situation, he will sue me regardless and force me to pay attorney fees. 
 
Just wondering what all of your input is when it comes to getting rid of these cases.  Also, does this case force me not to be able to work for my new employer until the case is settled?
 
Thanks. 
Aug 5, 2008 3:55 pm
zippy1882:

If you signed a non-compete/non-solicitation and the EMPLOYER knows that they cannot win but they issue an injunction against the employee (financial planner), can the employer keep on delaying the court date?

 
By curiousity, how long do these cases take to get a decision?  I know the answer is always "well, it depends" which is obviously true but mine is a small case where I will not hurt the goodwill of the firm but knowing that we are a small firm and the senior partner will be really upset that I am leaving and knows my cashflow situation, he will sue me regardless and force me to pay attorney fees. 
 
Just wondering what all of your input is when it comes to getting rid of these cases.  Also, does this case force me not to be able to work for my new employer until the case is settled?
 
Thanks. 



You might find it to be a wise investment of your time and money to talk to an attorney who specializes in such matters, rather than posting on a bulletin board where you have no idea how much you can rely on any advice provided.

Crazy idea, I know, but it might just work.

Aug 5, 2008 3:58 pm

Already have and he said the usual, "it depends."  The reason I made that post is to see if anyone has heard stories or had experience dealing with this. 

 
 
Aug 5, 2008 4:43 pm

Each party can and will " put over " the trail date for a host of reason/s. This is a Legal Matter and strongly suggest that you contact your Solicitor. Your post shold be directed to the Legal Issues section.

Aug 5, 2008 4:51 pm

Zippy my error this is Legal Issues Section Am sure that you may here from our Legal friend on your inquiry.

Aug 5, 2008 5:32 pm
Aug 5, 2008 5:37 pm

Zippy ...... a suggestion and am being serious. A quick call to a solictor probably without paying is not a Legal Opinion. Meet with a solictor and present to him/her the agreement for review. Your Real Estate lawyer probably does not deal with this type of Contract Law.

Aug 6, 2008 9:27 am

Guys, I consulted with an "actual" attorney that specializes in employment litigation.  The only reason I made this post is to see if any of you have heard stories about how long these usually last and how nasty some of them can be from PAST EXPERIENCES.

 
Thanks 
 
 
Aug 7, 2008 11:22 am

Zippy1882 - respectfully I would suggest the following on your original post. You advise that you signed a Non-Compete/Non-Solicitation agreement with the employer , which I assume is part of the Employment/Contractor Agreement?

In Common Law you have signed what is defined as a " Master/Servant " agreement. All that being said , the essentials are that I suspect the contract has been crafted to firstly protect the Company. In the extreme scenario: 1) The Company owns everything and you own nothing and 2 ) From the employee/contractor's perspective ( your position ) your own everything and they are owed nothing. Obviously , the agreement has to be legal and abide by regulations set by provincial/state and federal regulations.
Before the Courts , the Court is the body that will define the term " REASONABLE " , not the company or you. The company will state they have been damaged and you will of course state that no damage has been done to the company by your breach of the agreement.
I say the following to you : 1) The employer knows they can not win....who said that? The legal department or you? , 2) They have filed for an injunction , may I suggest that they have made an application for an injunction and have been granted an injuction , so they have some basis for their position. 3) How long will it take to have a Trial Date set ....It Depends how many other cases before the Courts , Availability of Parties and a host of other factors.
I have some experience with employees breaching agreements and court rulings , if you want other information PM me.
Aug 26, 2008 11:48 am

You have done a good question, it’s really interesting. If you get any good reply, so please let me know. So I’ll also get some good idea.


Thanks for your future help.