Work issue - help!!!!!

[lecach]

So I moved to Concord because of DH's job and took a job at a real estate office as the closing coordinator -it's a salaried position. As part of the condition of employment they required me to get my real estate license. It's at my expense ($424) but I get a $3000 a year pay raise when I complete it. My class is in January and I am allowed to go during the work day.

I have been working since October 4. At my interview I was told that if I was sick, to just work from home. Same if my son was sick. No mention of sick day pay or anything. I assumed it was like I had at other jobs - if I was sick, I just stayed home. No actual official sick days.

Also no mention of a non compete clause.

Earlier this week I asked about the commision I had been promised and it had dropped through the cracks. So the office manager - and the bosses mom - just gave me an employment contract.

First concern - it says that after 6 months I get two paid sick days. Two?? Really? That's crazy.

Second bigger concern - there is a non compete clause. It says that I cant seek employment with any other real estate agent - ever - within a 40 mile radius. Thats very restrictive. And based on the behavior of my boss I cant imagine working here forever. She yells, she screams, she cries. At work.

Do I have any rights here? I can 100% say that a non compete clause was never ever mentioned before today. And since they are making me get my real estate license at my expense I dont think it's fair that I can only use it here.

Help.

 

[tlbwriter]

I would cross out the non-compete clause and see if they notice. Actually, I would tell them that you refuse to sign anything that says you can NEVER work for another agent, and point out that it's unenforceable anyway.

 

[jrmasm]

So I moved to Concord because of DH's job and took a job at a real estate office as the closing coordinator -it's a salaried position. As part of the condition of employment they required me to get my real estate license. It's at my expense ($424) but I get a $3000 a year pay raise when I complete it. My class is in January and I am allowed to go during the work day.

I have been working since October 4. At my interview I was told that if I was sick, to just work from home. Same if my son was sick. No mention of sick day pay or anything. I assumed it was like I had at other jobs - if I was sick, I just stayed home. No actual official sick days.

Also no mention of a non compete clause.

Earlier this week I asked about the commision I had been promised and it had dropped through the cracks. So the office manager - and the bosses mom - just gave me an employment contract. First concern - it says that after 6 months I get two paid sick days. Two?? Really? That's crazy.

Second bigger concern - there is a non compete clause. It says that I cant seek employment with any other real estate agent - ever - within a 40 mile radius. Thats very restrictive. And based on the behavior of my boss I cant imagine working here forever. She yells, she screams, she cries. At work.

Do I have any rights here? I can 100% say that a non compete clause was never ever mentioned before today. And since they are making me get my real estate license at my expense I dont think it's fair that I can only use it here.

Help.

Did you sign a contract?

 

[lecach]

Did you sign a contract?

Today is the first time I have been given one. Six weeks after starting work.

 

[phorsenuf]

So I moved to Concord because of DH's job and took a job at a real estate office as the closing coordinator -it's a salaried position. As part of the condition of employment they required me to get my real estate license. It's at my expense ($424) but I get a $3000 a year pay raise when I complete it. My class is in January and I am allowed to go during the work day.

I have been working since October 4. At my interview I was told that if I was sick, to just work from home. Same if my son was sick. No mention of sick day pay or anything. I assumed it was like I had at other jobs - if I was sick, I just stayed home. No actual official sick days.

Also no mention of a non compete clause.

Earlier this week I asked about the commision I had been promised and it had dropped through the cracks. So the office manager - and the bosses mom - just gave me an employment contract.

First concern - it says that after 6 months I get two paid sick days. Two?? Really? That's crazy.

Second bigger concern - there is a non compete clause. It says that I cant seek employment with any other real estate agent - ever - within a 40 mile radius. Thats very restrictive. And based on the behavior of my boss I cant imagine working here forever. She yells, she screams, she cries. At work.

Do I have any rights here? I can 100% say that a non compete clause was never ever mentioned before today. And since they are making me get my real estate license at my expense I dont think it's fair that I can only use it here.

Help.

Can't help with your question really, but I sold real estate in Concord! What agency is it? PM if you want.

 

[golfgal]

Non-compete clauses RARELY hold up in court but I would NEVER sign one like that. I would cross it off, initial it and have it notarized, keep a couple copies in your files and turn it in. Then I would start looking for a new job.

 

[jen0610]

So I moved to Concord because of DH's job and took a job at a real estate office as the closing coordinator -it's a salaried position. As part of the condition of employment they required me to get my real estate license. It's at my expense ($424) but I get a $3000 a year pay raise when I complete it. My class is in January and I am allowed to go during the work day.

I have been working since October 4. At my interview I was told that if I was sick, to just work from home. Same if my son was sick. No mention of sick day pay or anything. I assumed it was like I had at other jobs - if I was sick, I just stayed home. No actual official sick days.

Also no mention of a non compete clause.

Earlier this week I asked about the commision I had been promised and it had dropped through the cracks. So the office manager - and the bosses mom - just gave me an employment contract.

First concern - it says that after 6 months I get two paid sick days. Two?? Really? That's crazy.

Second bigger concern - there is a non compete clause. It says that I cant seek employment with any other real estate agent - ever - within a 40 mile radius. Thats very restrictive. And based on the behavior of my boss I cant imagine working here forever. She yells, she screams, she cries. At work.

Do I have any rights here? I can 100% say that a non compete clause was never ever mentioned before today. And since they are making me get my real estate license at my expense I dont think it's fair that I can only use it here.

Help.

I would go to the actual boss with the contract and let her know, that as far as the non compete clause goes - even though they are making you get your license, you ARE NOT a real estate agent, you are a closing coordinator. This needs to be taken out of the contract or you will not sign it.

If she isn't agreeable to that, I would start looking for another job and not even bring up the sick time issue.

If she doesn't have an issue with taking out the clause, then I would remind her of what the two of you agreeed to at the time you took the job. Her mother may not be aware of the agreement the two of you made.

 

[PatsMom]

I agree with crossing off the non-compete. They are very difficult to enforce if they would seriously restrict your ability to earn a living. But why have to deal with it at all?

Also, since you are already working there, I believe that if you consult an employment attorney, he or she would tell you that it is customary to offer compensation after employment has begun if you are asked to substantially alter the terms in a way that affects your rights. Examples would be to sign a non-compete, software release, intellectual property release, etc. That might give you some leverage in getting the non-compete removed or altered. Maybe you could suggest a reasonable alternative like you would take no company information regarding listing, clients, etc with you if you were to leave.

 

[scrapquitler]

Earlier this week I asked about the commision I had been promised and it had dropped through the cracks. So the office manager - and the bosses mom - just gave me an employment contract.

Funny how they waited until you asked about teh commission check to spring this employment contract on you. Didn't they discuss these things when they hired you?

Second bigger concern - there is a non compete clause. It says that I cant seek employment with any other real estate agent - ever - within a 40 mile radius. Thats very restrictive. And based on the behavior of my boss I cant imagine working here forever. She yells, she screams, she cries. At work.

Do I have any rights here? I can 100% say that a non compete clause was never ever mentioned before today. And since they are making me get my real estate license at my expense I dont think it's fair that I can only use it here.

My husband works as a consultant. He has flat out REFUSED to sign any contract which contains a non-compete clause of any sort. There has never been an issue. He tells them that if they want him to sign the contract, they will take out the non-compete clause. If they don't, he doesn't sign, and therefore can't be held liable. So far in 12 years, with several dozen clients, he has NEVER signed a contract.

Help.

My response would be something like "Sorry, I can't agree to that". Usually if there is a non-compete clause, there is a time limit on it. I have to think that a 'forever' in there makes it non-upholdable in court or whatever...that woudl make it impossible for you to continue your career without moving an unreasonable distance, EVER. Not cool.

 

[lecach]

OP here. DH spoke to the attorney at his office. He works for the NFL and they have their own on site attorney. He said that without a definitive time frame it's not legal. Also, if they ask you to sign after you've started working, that they are supposed to offer you something in return. Without that, it's not legal. So the attorney said that with those two things there is no reason not to sign since they cant do anything with it.

I dont think I mentioned this before, but in the two assistant postions (mine and the listing manager) they have lost 6 people this year. My coworker is number 7 and I am number 8.We've lasted longer than anyone. The boss is rather volatile - yells and cries at work. I think they see that we're the best two they've had, who will put it with it the most, and we work really well together. They wont get any better so they are scared to lose us.

I plan to tell them that I am uncomfortable with the clause and try to get out of signing it. But if they insist I will - knowing that they cant do anything about it.

 

[disneychic2]

I would still look for another job...yelling? crying?
Who needs it? Good luck!

 

[lecach]

Oh I am looking. But right now there isnt much open. I think a lot of places wait til after the first of the year to hire. We have two mortgages right now since we havent sold our house in Durham. So I have to work at least until the house sells. I dont intend to stay in the job any longer than I have to. I dont like the treatment. And I dont trust the management.

 

[mickaholic4077]

Good for you,lecach!! (BTW,has the bacon arrived yet?)

 

[lecach]

Good for you,lecach!! (BTW,has the bacon arrived yet?)

No bacon yet - we're getting together for Christmas late this year (January 22) so you'll have to wait awhile to see if DS gets it 3 years in a row

 

[manning]

If the attorney is correct I would keep my mouth shut, sign the agreement and walk at the first opportunity.

 

[snykymom]

OP here. DH spoke to the attorney at his office. He works for the NFL and they have their own on site attorney. He said that without a definitive time frame it's not legal. Also, if they ask you to sign after you've started working, that they are supposed to offer you something in return. Without that, it's not legal. So the attorney said that with those two things there is no reason not to sign since they cant do anything with it.

I dont think I mentioned this before, but in the two assistant postions (mine and the listing manager) they have lost 6 people this year. My coworker is number 7 and I am number 8.We've lasted longer than anyone. The boss is rather volatile - yells and cries at work. I think they see that we're the best two they've had, who will put it with it the most, and we work really well together. They wont get any better so they are scared to lose us.

I plan to tell them that I am uncomfortable with the clause and try to get out of signing it. But if they insist I will - knowing that they cant do anything about it.

Two things:
1) No, they cannot force you to sign the contract. But without an employment contract, they can fire you. Without the contract, you are an employee at will, and you can be fired for any reason or for no reason (except for an illegal reason like discrimination).

2) While the clause may not be enforceable, they can still sue on it and make life difficult and expensive (since you'd likely have to hire an attorney) for you. Many companies do sue on unenforceable contracts to try to get a settlement or just to intimidate someone into abiding by a clause that would otherwise be unenforceable. They may also attempt to withhold commissions you've earned at that stage, and try to force you to sue them, again expending time and money. Litigation is not easy, even when you're right.

Think long and hard before signing any contract, enforceable or not.

 

[lecach]

Think long and hard before signing any contract, enforceable or not.

But what are my options? Either sign it and keep my job, or not sign it and lose my job?

Today is payday. Neither myself nor my office mate have received our checks. I think they are waiting til they get the signed contract to give us our money.

 

[Jennasis]

I would tell her outright that the no-compete clause needs to be taken out completely OR given a timeframe (no compete will working for them or for 6 months after or whatever). If she pushes, you could always point out the illegal nature of the total contract.

 

[agnes!]

You haven't gotten your commission money yet, now have you...these people's behavior is unethical if not downright illegal. I'm with scrapquitler...isn't it just downright odd how they didn't bring up the employment contract until you asked about the money they haven't paid you but that is actually *yours*? Hmmmm...

You and your co-worker must be united in your communications with management.
Also I would call or go see a lawyer about this on my lunch-break (yes, really I *would*).

agnes!

 

[Disneychix]

My DHs company made everyone sign a non-compete contract (2yrs after hired) that stated he couldn't work for a competitor ever or start a similar business ever. He tried to fight it but lawyers told him that he would have to sign. His company got burned by a few workers that left and took some important business with them, so they came up with this contract. His contract also stated that if he did work for a competitor that HE would have to pay all legal fees involved if old company found out and brought him to court about it.
Honestly, DH was just let go from this company so the contract in Null and Void! We're very happy