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chuckabrick

Former employer is demanding new job address

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My wife was coerced into quitting her job in August of 2014 due to threatening behavior towards her from coworkers and board members.

Cut to January 2015, she has a new job in a completely unrelated industry, old job was in real estate new job is in freight logistics. The old company is claiming that there was a "Non Compete/Non Disclosure Agreement" signed by her. The agreement says that she must inform the old company of her intent to accept employment at a new business, regardless of industry, and that she must provide contact information for the new place prior to beginning work there.

 

We feel unsafe giving these people information that could inform them of my wife's whereabouts. There were threats made against her well being.

 

In Utah, where all this is happening, I read that "unreasonable" clauses in a non compete do not hold up. My question is, would this scenario fall under the "unreasonable" umbrella?

 

Also, her old work informed her of this non compete after she had worked there for over a few months and she isn't sure that she signed it. She thinks they just gave her a copy. No raise or promotion was offered when given the papers. Does this mean that there is no consideration for the contract and that it holds less legal clout?

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Start by having your wife demand a copy of the purported agreement that she signed.

 

She can create a throw away email address on yahoo for the purpose of getting the document if she doesn't want to give out her own email address if the company doesn't already have it.

 

There's no way anybody here can comment without knowing what it says.

 

If they won't give her a copy with her signature on it, she is free to tell the former employer to F. O.

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Start by having your wife demand a copy of the purported agreement that she signed.

 

She can create a throw away email address on yahoo for the purpose of getting the document if she doesn't want to give out her own email address if the company doesn't already have it.

 

There's no way anybody here can comment without knowing what it says.

 

If they won't give her a copy with her signature on it, she is free to tell the former employer to F. O.

The blank copy they gave her upon termination of her employment has a spot for a Notary. She said that if she did sign it, she has NEVER had anything notarized in front of her before, so there is no way that this form was notarized. If it goes to court and is not notarized, can't she just deny any memory of signing such a form and it will be dismissed? I will copy the paragraph from the blank one about giving the information to them later today.

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What do you mean by "blank one"?

 

Does it have her signature on it?

 

Signatures don't necessarily have to be notarized, so the lack of notary is likely irrelevant.

 

And if the signature is her signature then claiming not to remember signing won't do her any good. It'll just be an admission of stupidity and stupidity doesn't get lawsuits dismissed.

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I agree that the starting place here is to ask for a signed copy.  If the former employer cannot produce one, then that should be the end of the discussion.

 

I also don't really see that the provision at issue has anything to do with a non-compete provision, so I'm not sure the same analysis would be used.

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As an aside, does the former employer not know where your wife resides, or did you all move because of these "threats"?  These threats were reported to law enforcement, yes?  (You clearly imply that they were to her person.)

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