Several Issues, mainly Non-Compete...

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dmel123

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Hello all,

First I work for a home-based/small business. It is My boss, his wife, one other person and myself. We office out of his house. Although he keeps going on and on about getting a real office (apparently been doing this for years).

I have worked here for over a year now, and admittedly I got a 50% pay raise in less than a year (a couple of different increases that added up to 50%). However, when I had my initial interview I told him what I NEEDED to be making, and his response was with 'bonuses' that shouldn't be a problem. However, very rarely has it been that my base pay, plus 'bonus' has been what I requested when I started. I don't get any benefits except 2 weeks PTO per year and a few paid holidays. To make up for the lack of pay and benefits, I have requested multiple times to have 3 weeks PTO and an increase of the % of 'bonuses'. Bonuses are a % of whatever he charges customers for their contracts. I am a Network Admin/Analyst (officially) but I am a jack of all PC/network trades and even my current boss has mentioned how impressed he is with my wide range of ability. However, my base pay is about $25k-$30k less than I should be making in this market.

So now I have found out that he has given some of our latest customers an additional piece of paper in their support contracts, specifically it is a no-hire addendum. Saying the customer won't try to hire or contract with me or my coworkers for the duration of the contract plus 12 months after termination of the contract. However, it also states in that paper that me and my coworkers have signed a non-compete agreement, but I have not signed any such agreement.

So basically what I would like to know for sure is can I get around the no-hire paper by maybe quitting my current employer then applying to one of my current companies customers?
 
Not having read the documents in question, we can't say. However, what makes you think that the client companies are going to be willing to break the no-hire agreement they have with your employer? That is a completely separate issue from a non-compete and is not dependent on you having signed one.
 
One customer in particular has expressed interest in hiring me if I can find a way around the no-hire.

I said in my statement that I have not signed a non-compete. Perhaps I mislead with the headline, but I am trying to see if I have a way around the no-hire that the customer has signed.
 
No, you don't. YOU are not a party to that agreement. It is between the employer and the client company.

If the client company wishes to request your employer that the no-hire agreement be waived, he can (and the employer can either agree or not as he chooses). But there is no law you (or the client) can invoke to force the employer to waive it.
 
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