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i started working for a company and the contract said i report a
certain person. the company may change who i report to from "time to
time" it says in the contract. anyways 5 mos after start of contract
they changed who i report to. is this somehow a breach of contract..
what if they changed it 2 days after i started ? i would normally quit
and look for another job however there is a non compete that i can't
work for competitor for period of 1 year.
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i started working for a company and the contract said i report a
certain person. the company may change who i report to from "time to
time" it says in the contract. anyways 5 mos after start of contract
they changed who i report to. is this somehow a breach of contract..
what if they changed it 2 days after i started ? i would normally quit
and look for another job however there is a non compete that i can't
work for competitor for period of 1 year.
IANAL - most of the time, time-to-time means whenever they feel like it. It
doesn't usually carry a negative connotation. Rather, it gives them some
flexibility in conducting business. Additionally, many states are
"employment at will" states. This lets the employer do pretty much whatever
they want to you related to what you do for them. This includes a cut back
in hours, department transfers, geographic transfers, salary increases AND
decreases (at least in MD) and just about anything else they can think of.
I can't imagine any change in who you report to being a breach.
Regarding the Non-Compete Agreement - these can be very hard to enforce
because they inhibit one's ability to earn a living, something to which
virtually everyone is entitled. Many non compete agreements are so broadly
drafted that are unconscienceable and unenforceable. You may be restricted
regarding trade secrets and proprietary information, but it is very, VERY
rare that it can actually stop you from working for a competitor.
The very nature of whatever it is that an employee does makes the likelihood
that they would work for a competitor so great that restricting you to that
degree could prevent you from working at all. For example, if you were a
CPA and you left the firm you worked for, the very nature of being a CPA
means that you will likely seek employment in the public accounting
profession. Accordingly, any firm that you could go to work for would be a
competitor of the firm you left. The same theory applies to just about all
professions.
Also, it seems that there may be more to you issue than you have shared with
us here. I can't imagine something so simple as a change in who you report
to being sufficient to make you want to quit for that reason alone.
If you were presented with an employment contract prior to your taking the
job, you should have had it reviewed by an attorney prior to signing it. If
you didn't do that, then get an attorney to review it now. If they dropped
the contract on you AFTER you took the job with no prior warning, that
action may be unconscienceable and the contract may carry little weight. In
any case, I'd suggest you make an appointment with a local employment law
attorney and see what they say.
Good luck,
Gene E. Utterback, EA
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In article <tltnm01nul0vpt8qm7ntpj9f5k43nukjo3@4ax.com>,
John Qyindi <qjohnny2000@yahoo.com> wrote:
i started working for a company and the contract said i report a
certain person. the company may change who i report to from "time to
time" it says in the contract. anyways 5 mos after start of contract
they changed who i report to. is this somehow a breach of contract..
No.
what if they changed it 2 days after i started ?
"From time to time" means whenever they want.
i would normally quit and look for another job however there is a
non compete that i can't work for competitor for period of 1 year.
Depending on a lot of information you don't provide (like what state
you're in) that clause might or might not be enforceable.
Seth
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On Tue, 12 Oct 2004 11:24:34 -0400, qjohnny2000@yahoo.com (John
Qyindi) wrote:
i started working for a company and the contract said i report a
certain person. the company may change who i report to from "time to
time" it says in the contract...
"From time to time" in this context means "whenever they want to".
It's so they can change your supervisor for their convenience.
The non-compete part may be unenforceable in some states, California
in particular.
--
Not a lawyer,
Chris Green
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[cc'd to previous poster; follow-ups in newsgroup suggested]
"John Qyindi" <qjohnny2000@yahoo.com> wrote in misc.legal.moderated:
i started working for a company and the contract said i report a
certain person. the company may change who i report to from "time to
time" it says in the contract.
"From time to time" is legal lingo for "whenever we feel like it".
If they were limited to a specific schedule, it would be spelled out
in the contract, "every six months", "not more than twice in any
twelve-month period", etc.
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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