QUESTION

I signed a contract to work for a landscape company for five years in Tennessee. My contract is very simple one. It mentions my pay is every two weeks, vacation days and a company credit card for buisness use only etc. I worked for only 1.5 years. My checks began to bounce.I lost a vacation day without pay. The credit card was not any good so I paid for fuel myself and was not paid back for. I quit because I had enough of the lies. My question is in my contract it says "I will not compete if terminated or I quit" I was contacted by one of there customers who is putting there property out to bid. They asked me to bid on it along with three other companys one being the company I worked for. If I bid and get the job if Im sued would I have a chance at betting the no compete? I have documentation on all points of my contract that they broke and I am ready to go to court if sued.

Asked on Mar 28th, 2011 on Business Law - Tennessee
More details to this question:
I signed a contract to work for a landscape company for five years in Tennessee. My contract is very simple one. It mentions my pay is every two weeks, vacation days and a company credit card for buisness use only etc. I worked for only 1.5 years. My checks began to bounce.I lost a vacation day without pay. The credit card was not any good so I paid for fuel myself and was not paid back for. I quit because I had enough of the lies. My question is in my contract it says "I will not compete if terminated or I quit" I was contacted by one of there customers who is putting there property out to bid. They asked me to bid on it along with three other companys one being the company I worked for. If I bid and get the job if Im sued would I have a chance at betting the no compete? I have documentation on all points of my contract that they broke and I am ready to go to court if sued.
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1 ANSWER

Bankruptcy Attorney serving Tullahoma, TN at Labar Law PLLC
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You have a very complicated matter.  Tennessee is an at-will employment state.  In light of this, Tennessee Courts are very skeptical against Non-Competition Agreements because if an employer can terminate you for almost any reason, then as an opposing force, an employee should be able find work.  However, in your case it is not whether or not there is an agreement, but the operation of its terms To the extent the agreement provides for a prohibition against competition due to termination or if you quit, the parties did agree that you would not compete.  Yet implicit in your obligation not to compete is the employer's obligation to pay you for your services rendered.  Therefore, there is the possibility that you could be free of your noncompete.  Still, such a determination will rely on the exact terms of the agreement and the reasons for termination. This is a general answer to a hypothetical scenario and is not intended nor does it create the attorney-client relationship.  You should contact an attorney to go over your specific fact scenario and what rights you may have.  
Answered on Aug 29th, 2011 at 2:39 PM

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