boss fired (employee, bankruptcy, employer, job)

[raegan7]

Ok so my boss got fired from his job..and when he did he took majority of all the employees from the company to his new company..can he be sued? And should i be looking for another job?

[nicet4]

Originally Posted by raegan7

Ok so my boss got fired from his job..and when he did he took majority of all the employees from the company to his new company..can he be sued? And should i be looking for another job?

I doubt it.

I've been down this road where a company tried to sue me for exactly the same activity.

Did your boss sign a non-compete agreement when he went to work for the company? If he did not the answer is no, not a thing the company can do.

If your boss did sign a non-compete agreement was he paid for signing that agreement? If he was not paid he can, at least in the states where I have experience, the agreement is not valid even if he did sign it. A non-compete agreement is a contract and for a contract to be valid both parties to the contract have to receive something of value.

"Mr Jones, we want to hire you but only if you sign this non-compete agreement" is not valid. If the company was stupid enough to believe employment was something of value with a non-compete agreement then the company broke the non-compete agreement when they fired Mr. Jones.

It's a contract and contracts must go both ways.

"Mr Jones, we want to hire you but only if you sign this non-compete agreement for which we will pay you $50,000. In the agreement you agree not to work for anyone within a 200 mile radius of Bakersfield, California for a period of two years from the date of employment termination." Now this agreement is enforceable because the employee is receiving enumeration for signing, the agreement has a reasonable area in which is is enforceable and a time limit.

I applaud your former boss and the fact that he was able to take a number of employees with him signals to me your employer is in deep doo-doo in the way they do business and it is likely your former boss will kick his former employers ass. They should be afraid, very afraid.

The quest for revenge can be a very positive driving force.

It happened to me once... got fired just before noon and by 3:00 I had business cards printed up and was contacting the companies customers. Got a call from the company lawyer, told him to **** up a rope and went into competition.

Two years later my former employer was bankrupt.

I was not the sole reason for the bankruptcy of the former employer but I like to think I was one of many parts. Revenge can be very sweet especially when you attend their bank forced bankruptcy auction and your former boss that fired you won't make eye contact. I stayed as close as I could do but he kept trying to move away... he would move and I would follow making snide remarks. I was younger then and was hoping he would take a swing at me but I couldn't get him to do it.

Today my former employer is in his 70's and works as a bartender at a VFW hall to augment is meager social security check. I thought about joining the VFW just so I could see him but this all happened decades ago and I suppose it is time to let things like this go.

[maus]

Originally Posted by raegan7

Ok so my boss got fired from his job..and when he did he took majority of all the employees from the company to his new company..can he be sued? And should i be looking for another job?

That is a very typical scenario where a manager gets fired and takes the employees he/she likes with him/her. Other times a "popular" manager will leave for greener pastures and take his friends with him. Overall, I doubt companies sue people that often over such things as "taking employees with them," but I don't really know; I think it depends on the company and contract, etc.

If morale is so low now and you don't know if you are going to keep a job due to a new manager being there, I would try to find something else.

[D. Scott]

In an at will state with no non competition agreement signed there is no grounds for a lawsuit. Any threat of one is just sabre rattling.

[zitsky]

Originally Posted by raegan7

Ok so my boss got fired from his job..and when he did he took majority of all the employees from the company to his new company..can he be sued? And should i be looking for another job?

It depends. Will your company see you as being loyal? Are you hurting right now because you weren't one of the people "chosen" to go with your old boss? This could be an opportunity for you to advance in your company since so many people have left. If I were you, I would have a talk with whatever management is still there about what your role is now, and what opportunities there are. Maybe even come out and say that you want your boss's old job, if that's what you really want.

It can't hurt to put your resume out there just in case.

[bobtn]

Originally Posted by raegan7

Ok so my boss got fired from his job..and when he did he took majority of all the employees from the company to his new company..can he be sued? And should i be looking for another job?

My ex boss from over 15 years ago did just that. I had already left the corp for another position, but still stayed in touch. He had a terrific department, the next one was so awful his ex boss was fired. She never was able to obtain reemployment at even his level. I loved it.

[FBJ]

Originally Posted by raegan7

Ok so my boss got fired from his job..and when he did he took majority of all the employees from the company to his new company..can he be sued? And should i be looking for another job?

I would say yes because the one time my boss was let go my job wasn't around too much longer after that. So I say I start looking for other opportunities now because normally when a boss is fired that is never a good thing.