Friday, January 19, 2007

Cease and Desist

Let's suppose you have recently received a cease and desist letter from an employer who recently laid you off. Now , i'm no lawyer, but I think the following article would be of help if you were the receiver of such a letter:

Freed from Career Shackles

Given the fact that NC is a right to work state, I thought this excerpt was particularly interesting:

"whether or not a court will support the agreement might also depend on why you left the company. For example, if your employer fires you for a 'good cause' or if you leave to take a new job, it might be enforceable. But if your company fires you or if you resign for reasons beyond your control, such as company-wide layoffs, permanent disability and the like, the court may not enforce a duly signed non-compete agreement."

Not that any of my loyal readers have ever worked for a company that would pull some bush league shit like sending cease and desist letters to people they *just* laid off....

3 comments:

FormerHost said...

Ok. I've waited for a comment from someone else, but I heard about this yesterday. First said company reaches out to YouTube to pull our show, now they're trying to prohibit laid off employees from working in their professional fields?

Any wonder their stock is still lower than the strike price we were offered?

Brent Brandow said...

I would suggest checking out Evan's blog. i don't know how, but he got a copy of the actual letter.

i think they are trying to erase aany sign that the company ever existed..at least in the form we knew it. What happened there is a huge black eye to THK.

I can understand they have a PR disaster on their hands, but to try and stop someone from earning a living...from feeding their families...dude, that is just evil.

My heart truly goes out to those folks.

Will said...

I hope they do'nt try to pay people they owe money to with chicken fingers.