Re: [messengers] Canadian non-competition clauses?

Date: Mon Feb 08 17:12:51 2010
From: <mark@xxxxxxxxxxxxxxxxxxxx>


Contact a less expensive attorney.
Any advice you get off a mail list is not solid legal advice. (I'm sure you already know that) That being said, in any contract in the states you need consideration by both parties and employment is rarely considered consideration for any non-compete clause.
Good luck.

Mark


----- Original Message ----- From: "Jace Brien" <treebeard1722@xxxxxxxxx>
To: "Mark Loeppky" <leposuction@xxxxxxxxx>
Cc: <messengers@xxxxxxxxx>
Sent: Sunday, February 07, 2010 8:22 PM
Subject: Re: [messengers] Canadian non-competition clauses?


Those contracts usually don't hold up in cpourt in the states.  Has anyone
had experience with this?

On Fri, Feb 5, 2010 at 8:01 PM, Mark Loeppky <leposuction@xxxxxxxxx> wrote:

Happy Friday to all.
On December 1st I was fired by the company I had been working for for the
past 7 years due to irreconcilable differences between the dispatcher and
myself. On account  of having nothing but positive relationships with
former
clients,  I had no trouble at all acquiring clients for Steel Horse
Courier,
the Company I started up over a year ago.
long story short I am now being "sued" by Dasher Courier, under the
umbrella
of Direct Integrated Transportation and Canada Cartage(although they have
yet to actually contact legal council, and I have a waayyy to expensive
lawyer). They want me to cease and desist.

The contract I signed is illegal because:
-It was signed with an opportunity to seek legal advice and signed under
duress. (we were given 5 minutes to meet a guy in a pick up truck to sign
the contract or else we would be fired immediately)
-I never received a copy of the contract for myself.
-Lots of ambiguities within the contract render the fucker invalid anyhow.

If this has to go to trial, It may cost upwards of 15,000 beans in legal
fees and court costs to save 7-8000 per year that I would bill the client.
If anyone has ever gone indy and taken on their former employer under
canadaian law, and can offer me some advice I would love to hear it. To all
else, enjoy the weekend.

-Lep
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