Violating an old contract - Tilted Forum Project Discussion Community

Siege · 09-20-2005, 07:26 PM

Hello TFPers. Got another question. This one would be regarding an old contract. Basically, I work for an organization that HAD me under contract to work for them. I was forbidden to perform the services I perform for them for any other company.

Now here's the problem. I still work for the company. But my contract has expired. It has been expired for a period of a few months now, even though I still work for them performing the same services (basically, nothing in the job itself has changed).

The problem is, a friend of mine has asked me to perform said services for a club at her university. So the question becomes, would it a) be legal to do this? (I am thinking that it would, since the contract is expired) and b) in your opinion, is it right/wrong to perform the services for the friend?

Thanking you in advance,
Seige

slimshaydee · 09-20-2005, 07:37 PM

It depends on whether there was an implied clause that the contract was to continue for the duration of you working at that job.
Was that the intention of both parties when the contract was signed?

Redlemon · 09-21-2005, 05:49 AM

I seem to recall some issues with "noncompete" clauses in the US; in some states, they aren't enforceable. IANAL, especially in Canada, but perhaps someone has better information? Also, does the University have a lawyer who could look over the contract for you?

pig · 09-21-2005, 06:19 AM

1. I am not a lawyer.

2. I have some experience with these types of contracts - or at least non-competition contracts with my work. Is there a clause in the contract stating that you can not work in the field for a period of time after the contract has ended? Otherwise, I think you're legally able to perform said services. Is it ethically wrong? I don't think we have enough information to judge that based on what you've told us. In the most general sense, I personally see no ethical problem, depending on the nature of the contract and/or any verbal agreement you may have had with your current employer.

cyrnel · 09-21-2005, 06:40 AM

Depends on the contract and your location, but could it be inferred that your continued employment and voluntary compliance with other terms is an implied extension of of all terms? That would be my concern.

If you want to be certain ask for modified terms in writing.

Master_Shake · 09-21-2005, 11:25 AM

You need to show the contract to an attorney. He or she has to read it in full in order to give you any advice.

Siege · 09-22-2005, 01:48 PM

Slimshaydee: Not totally sure. That was my 2nd contract. So I naturally assumed that I would get a new one to sign when the time was up

Redlemon: Hopefully, i'll ask her if there is one.

Pigglet: There is no such clause

Master_Shake: sounds like a plan

09-20-2005, 07:26 PM	#1 (permalink)
Siege is a tiger Location: Toronto, Ontario, Canada	Violating an old contract Hello TFPers. Got another question. This one would be regarding an old contract. Basically, I work for an organization that HAD me under contract to work for them. I was forbidden to perform the services I perform for them for any other company. Now here's the problem. I still work for the company. But my contract has expired. It has been expired for a period of a few months now, even though I still work for them performing the same services (basically, nothing in the job itself has changed). The problem is, a friend of mine has asked me to perform said services for a club at her university. So the question becomes, would it a) be legal to do this? (I am thinking that it would, since the contract is expired) and b) in your opinion, is it right/wrong to perform the services for the friend? Thanking you in advance, Seige __________________ "Your name's Geek? Do you know the origin of the term? A geek is someone who bites the heads off chickens at a circus. I would never let you suck my dick with a name like Geek" --Kevin Smith This part just makes my posts easier to find

09-21-2005, 05:49 AM	#3 (permalink)
Redlemon Devoted Donor Location: New England	I seem to recall some issues with "noncompete" clauses in the US; in some states, they aren't enforceable. IANAL, especially in Canada, but perhaps someone has better information? Also, does the University have a lawyer who could look over the contract for you? __________________ I can't read your signature. Sorry.

09-21-2005, 06:19 AM	#4 (permalink)
pig pigglet pigglet Location: Locash	1. I am not a lawyer. 2. I have some experience with these types of contracts - or at least non-competition contracts with my work. Is there a clause in the contract stating that you can not work in the field for a period of time after the contract has ended? Otherwise, I think you're legally able to perform said services. Is it ethically wrong? I don't think we have enough information to judge that based on what you've told us. In the most general sense, I personally see no ethical problem, depending on the nature of the contract and/or any verbal agreement you may have had with your current employer. __________________ You don't love me, you just love my piggy style

09-21-2005, 06:40 AM	#5 (permalink)
cyrnel Adequate Location: In my angry-dome.	Depends on the contract and your location, but could it be inferred that your continued employment and voluntary compliance with other terms is an implied extension of of all terms? That would be my concern. If you want to be certain ask for modified terms in writing. __________________ There are a vast number of people who are uninformed and heavily propagandized, but fundamentally decent. The propaganda that inundates them is effective when unchallenged, but much of it goes only skin deep. If they can be brought to raise questions and apply their decent instincts and basic intelligence, many people quickly escape the confines of the doctrinal system and are willing to do something to help others who are really suffering and oppressed." -Manufacturing Consent: Noam Chomsky and the Media, p. 195

09-21-2005, 11:25 AM	#6 (permalink)
Master_Shake Addict Location: Pennsylvania, USA	You need to show the contract to an attorney. He or she has to read it in full in order to give you any advice. __________________ ------------- You know something, I don't think the sun even... exists... in this place. 'Cause I've been up for hours, and hours, and hours, and the night never ends here.

09-20-2005, 07:37 PM	#2 (permalink)
slimshaydee If you've read this, PM me and say so Location: Sitting on my ass, and you?	It depends on whether there was an implied clause that the contract was to continue for the duration of you working at that job. Was that the intention of both parties when the contract was signed?

09-22-2005, 01:48 PM	#7 (permalink)
Siege is a tiger Location: Toronto, Ontario, Canada	Slimshaydee: Not totally sure. That was my 2nd contract. So I naturally assumed that I would get a new one to sign when the time was up Redlemon: Hopefully, i'll ask her if there is one. Pigglet: There is no such clause Master_Shake: sounds like a plan __________________ "Your name's Geek? Do you know the origin of the term? A geek is someone who bites the heads off chickens at a circus. I would never let you suck my dick with a name like Geek" --Kevin Smith This part just makes my posts easier to find