[Advice] - Fired from previous job and Client is calling for help, what to do?

I would advise you to not touch this job. You do work that violates a do not compete clause and Comcast finds out, you will get sued and you will lose. 2 years is not unreasonable at all. Call the client back and say you signed a do not compete and you have to abide by it.

 

Call Comcast HR and ask them to send you your non-compete so you can read it (of course, then they'll know you are looking to do something that may breach it).

But, I'm almost certain that who called whom would make no difference.

 

It wouldn't make a difference unless Comcast got some pre-law student to write their non-compete.

 

I seriously doubt he gets sued. First, Comcast has to find out about it. Second, the work will have to deprive them of pretty significant revenue for them to bother to even evaluate it. Third, upon evaluation, the injury has to be big enough to justify the legal fees. Since the company is big, that'd have to be very signficant to the OP. And, since the OP is posting here for advice, I'm guessing he's not producing game-changing work (no offense).

Meanwhile he just got fired and needs money. If he's fired for cause, he might not even be eligible to collect unemployment. Man's gotta eat.

 

Comcast employee?

 

Work off the books. Choose how you want to report the income. Have the work contracted to a friend who then subs it to you.

 

There is more bad advice and misinformation in this thread than I have time to address. Suffice it to say that noncompetes in Texas may be enforceable - many are not. It is not a simple issue and doesn't lend itself to advice over the interwebs, even if I did sleep in a Holiday Inn Express last night.

If the money is enough or you think the situation may arise again, consult an attorney. If not, let the work go or close your eyes and take your chances.

But if you do the work definitely report it to the IRS.

 

I'd do it.

I knew a "guy" who was contracting to a "client" and the "client" didn't want to deal with the "contracting agency" but they still wanted to employ the "guy". Basically the "contracting agency" was charging $100 an hour for the "guy" and the "client" thought that this was too much. The "guy" was only making $50 an hour and thought that he was getting bent. So the "guy" and "client" told the "contracting agency" that the gig was "over". Once the gig was "over", the "guy" and the "client" negotiated to split the difference so the "client" paid the "guy" directly $75 an hour. The "guy" is still supporting this "client" to this day.

 

Hardly. Attorney who has seen corporate lawyers dig their teeth into easy victims.

 

How much money are we talking here?

It makes every difference.

You know if it's under $1000 just have pay you cash out of their petty cash funds: nobody knows nuthin.

If it's $50K then you better ask an attorney.

 

Not if there is no compensation attached to the Non compete.

DD

 

No, no, no, not good advice ...

It seems he signed non-compete with Comcast. It will come down to the nature and scope of the work he was doing for Comcast and the nature of the work the client is asking him to do. If they overlap, he is restrained by the non-compete.
Also it will depend on geographic area the non-compete can cover.

I will say read the termination agreement carefully, consult a lawyer if necessary.

 

No no no Ya'll mean.

The only way non competes hold up at all is if there is some form of compensation for the Non competing time period.

Otherwise as a right to work state, you have the RIGHT to make a living.

So, unless he is being paid to not compete, it will not hold up in Texas.

At least that is my understanding from what I paid lawyers thousands of dollars to tell me....

DD

 

Signed.

 

our company had to pay 9 or 11 million not too long ago due to a non-compete violation.

It all depends on the magnitude but in general, i would not do it. 1) legal ramifications. 2) you signed it so you sleep in the bed you made.

btw, 2 years sounds excessive. I though 1 year was pretty standard.

 

Well, it is not so simple as Pipe also pointed out.

 

I would think that the current economic climate might work towards your advantage as well. Lots of a people having trouble finding work these days.

 

I know a fellow in Texas who was working for a security alarm company and they had him sign a non-compete. One of the fellows left that company and the fellow I know quit and went to work for him (doing similar type of work). They sued the fellow that I know (a guy who was MAYBE making $24K/year). They dropped the suit when he quit working for the new guy.

 

Good luck; I hope it doesn't blow up in your face.