Business Success - Noncompete Agreement Cannot Take Away Person's Ability To Make a Living

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Noncompete Agreement Cannot Take Away Person's Ability To Make a Living

Lindsey Novak

Q: I worked as a medical biller for six years. Without warning, I was let go and told my accounts would be taken over by a team leader. When I started the job, I signed an agreement stating that I would not go to work for any of the company's clients. The agreement never was updated or renewed in any way. One of the clients who really liked my performance called me and offered me a job when he heard I had been let go. Could my former company go after me if I were to accept the job?

A: You likely signed a general noncompete agreement in the beginning of your employment with the billing company. The purpose of this type of agreement is to keep employees from meeting company clients, leaving their jobs, opening their own billing agencies and then soliciting and stealing the accounts from the company that developed the clients. Such agreements offer companies reasonable protection.

A noncompete agreement cannot be used to deny a person the ability to make a living. Seeing as you spent six years perfecting your skills in client contact and medical billing and you did not quit your job for the purpose of opening your own company to steal any of the clients, you need to be allowed to accept a job in your field.

During tight economic times, finding employment outside your skill set is not likely. Limiting your ability to take a job with a company that values you would not be a wise move on your former company's part, even if the company found a lawyer to pursue you in the matter. It's never easy to judge whether a former company will behave ethically and morally, regardless of its legal rights to behave vindictively, but the facts are thus: You lost your job because of your company's economic hardship and downsizing; you're entitled to the opportunity to get another job as soon as you can; and realistically, you have a far better chance of getting a job doing what you know how to do. Accept the job offer. Let's hope your former company will be decent about it when the news of your finding other employment travels to those with whom you've worked.

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Interviewing With a Record Is High-Risk No Matter What

Q: I have been out of the job market for the past 2 1/2 years. I had spent my life working in information technology and think I am ready to work again. The problem is that I have one item on my record that has not been expunged yet. I know that if I were not to mention it and an employer checked, I would be dropped immediately from consideration. I recently found out that it will remain on my record for one more year, and I would like to get a job before that time. Should I say something in my initial communication with a company, or should I mention it after I get an interview?

A: You will need to rely on the kindness of strangers in interviewing because most companies do not take on the liability of hiring an ex-offender. Unfortunately, you are in a field in which the risk of hiring you may be far greater than the possible rewards for the company, because IT crimes seem to increase daily. Companies usually do not allow accountants guilty of embezzlement to manage the books. Along the same lines, IT professionals hold talents that the rest of the population may not understand or possess, which immediately poses a security threat.

Apart from clearing the check mark on your record in a year, you always will have to explain the reason for the long time gap between jobs. Practice interviewing with family, friends, counselors and career coaches so you learn how to comfort people about the incident.

Then send your resume and hope for some interest. Don't mention the mark on your record. That comes after you have developed a rapport with the interviewer and worked to create mutual respect. If you are offered a job, you will then explain your record, and you will have to explain it in detail if you want people to feel confident that it never will happen again.

Please send your questions to: Lindsey Novak, c/o Creators Syndicate, 5777 W. Century Blvd., Suite 700, Los Angeles, CA 90045. E-mail her at LindseyNovak@yahoo.com, or visit her Web site at www.LindseyNovak.com. She answers all e-mails. To find out more about Lindsey Novak and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

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Copyright 2009 Creators Syndicate Inc.

This news arrived on: 10/29/2009

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