I am in California and my company has been bought out my a new company who has laid off 90% of its employees. The few who remain are now hourly employees and being forced to sign a non competition agreement that states for 18 months after voluntary or non voluntary we can not be employed with anyone within our industry or affiliated with our industry. Is this really legal? Oh and now if you are one minute early or late for any clock in being the beginning of a shift or lunch or ending a shift it results in a tardy and if you have 12 in a 6 month period will result in termination. Is this legal? I have always known their to be a grace period.

If anyone knows I would appreciate your feedback.

I'm a little confused. The part where you say "forced to sign a non competition agreement that states for 18 months after voluntary or non voluntary we can not be employed with anyone within our industry or affiliated with our industry." if you are meaning that while employed you can't work for another company that does the same things as you guys, then as far as I know of, yes it is legal. It would be like if you worked for Sprint, and then took another job at Alltel. They don't want to take the chance of you "accidentally" telling stuff about their company or products.

As far as the tardy thing goes, well if you don't want to be marked tardy, then don't be late. And as for the 12 in a 6 month period, a lot of companies do that. And if you get that many in that short a period of time, then you got some major issues to work on. How hard is it to get to work on time?

I don't know about non-compete clauses in your biz, but we have them in mine and rarely are they enforceable. I think 18 months seems a bit harsh, esp. if it was non-voluntary, such as downsizing. I guess it all depends on how bad you need that job and if your willing to sign it to keep your job.

A minute late OR early?..........Jeebus, I'd be fired three times over by now.

As to the legality of it all? I think you'll have to consult a lawyer who deals in such matters.

Good Luck!

what would it be like? My company has a...1 tardy..verbal reprimand...2 tardies..written reprimand...three tardies, or one missed day without calling in...you are toast. We also have a non-competitive clause...we cannot start our own business in competition with theirs for 5 years after termination. However, we can work for anyone immediately after termination, including competitors

its an 18 month agreement that says you can't work for anyone or company within the industry after voluntary or involuntary termination> I don't think it is legal here either.

And as far as the tardy thing ms carmen I usually am on time. However ONE minute is just crazy.You could get dinged 3 times in one day. The clock in early part by one minute sucks and if you clock out early by one minute bites too especially as a single mom. If my kid is sick i have to leave to pick him up from school and or find last minute child care that 12 in a 6 month period makes me nervous.

I signed the paper though so hopefully it all will work out.

Thanks for your feedback

It depends on the amount of money they are willing to spend to enforce the rules and in this day and age, I think you are safe to do whatever you want. Now if you were a top-five employee it may make a difference, but your severence package would more than cover the time lapse.

What job do you work at that you can do what ever you want and not worry about the rules? I definitely wouldn't want you as an employee!

And there aren't a lot of jobs out there that offer severance pay.

I apologize if I implied that you were tardy. That's not what I meant at all. Here's the thing. The policy about the tardy thing is implemented for those that take advantage of the rules and think it's okay to be "a couple minutes late" or think "what's the big deal if I clock out one minute early". And I can tell you, from personal experience, that if you aren't one of the people that make a habit of being tardy, then you having to leave early to pick up your child, will not be made a big deal of. They might remind you that you get a point for doing it, but that's about all they'll say. They just don't want you getting into the habit of doing it. My suggestion to you, is to see if you can get a back-up babysitter, that way, if the situation arises, you have someone else to depend on and you won't take the risk of accumulating points.

wow I think you guys need a Union

maybe you should make them sign aa non replacement clause they can not replace you for 18 months regardless of whether voluntary or non voluntary

if they are late with yer pay they need to pay ypou double or something

hey that road can go both ways if ya stick together

just a thought

but hey

what do i know

I think I would have walked out on that job a long time ago