Non-competition Case

I've worked with company A as sales person. President made me sign non-disclosure/non-competition agreement after I've started working for a week.

I was badly treated and sexually harassed at occasions by both president and a co-worker.

I've found a new company who is willing to hire me. I took the job even with lower pay, hoping for a better and decent working environment.

Employer A always threaten us that he would sue us if we work for another company.

I kept a copy of the agreement, it says we cannot contact the customers in 1 year. This is not possible to carry out my current job without contacts that I had previously.

1. I left that company due to the reasons:

a. Ill treatment, sexual harassment

b. refusing to carry out some illegal things he asked me to do for him.

If he sues me, what is my chances of loosing under California State Law?

2. Since I know many illegal things he has been doing in his current business, will it help?

3. Are there lawyers who are willing to take up cases with no charge until we win the case. If I have good chance of winning the case, the lawyer can keep all the profit/ compensation made. I just want my freedom to make a living for myself and my family.

Please help.

1 answer  |  asked Oct 22, 2005 01:50 AM [EST]  |  applies to California

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Answers (1)

Janet M. Koehn
two things

your situation really has two parts. first, you have claims under the fair employment and housing act for sexual harassment and wrongful constructive termination in violation of public policy. an attorney experienced in employment law will handle these claims on a contingency basis.

the second part of your situation has to do with the noncompete agreement. it is unlawful in the state of california. your new employer should be willing to help you with the attorneys fees and costs necessary to obtain a ruling of the court to that effect, for their own protection, rather than having to deal with a lawsuit against you later on. talk to your new superiors about the issue AFTER you have talked to an employment lawyer about your rights and the rights of the company.
janet m. koehn

posted by Janet M. Koehn  |  Oct 22, 2005 2:45 PM [EST]

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