Resignation of the license holder

[petersonra]

North Carolina doesn’t look favorably on non-compete clauses that aren’t designed to protect a specific business interest..
electric license holder isn’t going to be one of them. The man has a right to work in this state.
I‘ve seen people get out of non compete clauses with no problems here.
As others have said, the NCBEEC will help any way they can. They can be your best friend if your right or your worst nemesis if you try something without a license.
NC is also a right to work state and employment at will

It depends on what his actual position is, and what agreement he signed when he joined the company. If he is just a run of the mill peon like most of us a non-compete agreement isn't going to make much difference because he won't know anything that matters anyway.

However if he has access to what the company considers confidential such as contact lists customer lists and pricing models, those can certainly be protected with NDAs.

This is why you need competent legal advice and not random speculation from people who do not know, like all of us.

Incidentally right to work has absolutely nothing to do with non-compete clauses.

 

[roger]

There was no special contract associated with listing my license with a company. The only thing made it desirable was they would pay for my CEU classes and yearly license fee. I could still use my license for personal projects if I wanted to. Basically it was a gentlemen's agreement. AFAIK it was pretty much the same across the state. I'm sure there were exceptions and real contracts but not the norm.

 

[Hv&Lv]

.

Incidentally right to work has absolutely nothing to do with non-compete clauses.

You are correct. I know what it means to us.

 

[Eddie702]

I was a license holder for a company I worked for. I walked out 6 years ago 3 licenses. Sent them e-mails telling them the reasons why. I was VP of the corporation as well. I had no contract with them.

I also sent e-mails to the various state boards telling them I resigned from the corporation the same day.

I also applied for unemployment compensation for the first time in 43 years.

They tried to deny my unemployment claim because I quit.

By the time I explained to unemployment what they had done that forced me out I was allowed to collect.

 

[jaggedben]

I'll have to find my contract and review it but its really just a typical employer to employee contract that states compensation and job duties.

Then you're free to leave. Just make sure that you notify the proper agencies in both states. You may potentially be liable for problems with work that was done while you were associated with the company as the license holder and therefore ostensibly supervising, although most likely the company has an ongoing responsibility to defend and indemnify you for any actions that were part of your bona fide work for the company. But you don't want to be associated with work done after that.

Speaking as someone who has been there and done that, just in another state. I gave my employer a bit more than the usual notice because replacing the license holder is obviously a bigger deal. But that was out of courtesy not obligation.

 

[Jerramundi]

I gave my employer a bit more than the usual notice because replacing the license holder is obviously a bigger deal. But that was out of courtesy not obligation.

Well you're lucky to have had an employer that deserved that courtesy. Not mine.
I gave 2 weeks and offer to close out open jobs, which company claimed to be unnecessary, so I left. Adios muchachos!
No more waiting to get paid while hearing stories about how you're taking the other guys out on your boat. See ya, lol.

 

[kwired]

Probably should have had some sort of contract in the first place before letting another company use your license to qualify for them, and one written by an attorney representing your interests. No good reason to take on any liability that could be introduced by you being the license holder without something that tells how such things will work if there is claims against you or the company. Such contract should probably have conditions for termination of the contract included in it as well.

But since that apparently did not happen, might be best to talk to an attorney to determine how to proceed. At very least notify the AHJ that you no longer representative for that company and that you do not authorize any more activity on your license for that company.

 

[gadfly56]

That’s epic!

...and the missing comma strikes again.

 

[Jerramundi]

But since that apparently did not happen, might be best to talk to an attorney to determine how to proceed. At very least notify the AHJ that you no longer representative for that company and that you do not authorize any more activity on your license for that company.

Tried that in my case. Wrote a nice business letter stating I was the ONLY one authorized to do work under my license and the village just handed it back to me and said it was unnecessary... but good advice by you nonetheless.

 

[roger]

After the NCBEEC is notified that you are pulling yourself from being the qualifier you do not have to worry about your license being used fraudulently, they will red flag it at state level. If it is used fraudulently they will catch it and go after the parties doing so.

If you're use to a lax licensing world you would be amazed at how NC controls it's licenses

 

[Jerramundi]

After the NCBEEC is notified that you are pulling yourself from being the qualifier you do not have to worry about your license being used fraudulently, they will red flag it at state level. If it is used fraudulently they will catch it and go after the parties doing so.

If you're use to a lax licensing world you would be amazed at how NC controls it's licenses

I left some paperwork in the bosses truck one time and it "magically disappeared." I was terrified for an entire year that it was going to be misused. Still am. Had my signatures on things and everything. I even switched insurance carriers. That's the world of independent contracting. Gotta really be mindful of your stuff.

 

[roger]

If you had already signed something that is not the same thing as terminating future work, see post #5

 

[kwired]

Tried that in my case. Wrote a nice business letter stating I was the ONLY one authorized to do work under my license and the village just handed it back to me and said it was unnecessary... but good advice by you nonetheless.

If only you were the one applying for permits before, I could see that. If others were applying for permits using your license they may potentially continue to do so. Hopefully you are the recipient of permits or other notifications related to them at the very least.

 

[Jerramundi]

If only you were the one applying for permits before, I could see that. If others were applying for permits using your license they may potentially continue to do so. Hopefully you are the recipient of permits or other notifications related to them at the very least.

I never gave anyone permission to apply for permits under my license and I never would.
I'm too controlling, lol. I've gone above and beyond to try and PREVENT that from happening (i.e. changing insurance companies, writing letters declaring I'm the only one allowed to do work under my license, company, etc.)
But there are some business folk out there who don't care what you want and only want your license and will do unsavory things to get it.
That's been my experience anyway.

The experience I'm talking about, I was hired by a GC and then I hear about all this other electrical work going on that I'm not a part of and never approved of. The guy was a dick of the highest order... and I put up with it longer than I should have. I left as soon as I could, but for all I know, he still has my signature, which is terrifying. As far as I can tell, there is no legal way to amend your signature. I wish there was because I'd do it tomorrow.

 

[Hv&Lv]

If only you were the one applying for permits before, I could see that. If others were applying for permits using your license they may potentially continue to do so. Hopefully you are the recipient of permits or other notifications related to them at the very least.

See post #30
NC is pretty tight and strict on their licensing

 

[AC\DC]

I never gave anyone permission to apply for permits under my license and I never would.
I'm too controlling, lol. I've gone above and beyond to try and PREVENT that from happening (i.e. changing insurance companies, writing letters declaring I'm the only one allowed to do work under my license, company, etc.)
But there are some business folk out there who don't care what you want and only want your license and will do unsavory things to get it.
That's been my experience anyway.

The experience I'm talking about, I was hired by a GC and then I hear about all this other electrical work going on that I'm not a part of and never approved of. The guy was a dick of the highest order... and I put up with it longer than I should have. I left as soon as I could, but for all I know, he still has my signature, which is terrifying. As far as I can tell, there is no legal way to amend your signature. I wish there was because I'd do it tomorrow.

As long as the permit and invoice states what you touched and you then you also submit to the city a letter of issue you found you should be fine.
Not a lawyer but they told me to do that lol.

 

[jaggedben]

If only you were the one applying for permits before, I could see that. If others were applying for permits using your license they may potentially continue to do so. Hopefully you are the recipient of permits or other notifications related to them at the very least.

Others might get away with it for a while, but I'm sure it would be fraudulent and illegal. Nowadays, at least around here, AHJ computer systems are tied in well enough with the state licensing board that if the company doesn't replace the qualifying individual by the end of the grace period, and the license therefore lapses, then no one will be able to pull permits with that license number.

 

[Tulsa Electrician]

I'll have to find my contract and review it but its really just a typical employer to employee contract that states compensation and job duties.

I would say start there. Then check if what is taking place would be in violation with the state or other agencies that work is taking place that could place you and your license at risk. As other has mentioned may be time to talk a professional in that area of law. Be sure to take that contract for there review.
I know two men that has done this and it did not worked out for them.

The guys I knew that did it took a year to get out per there contract. It was a mess.
Wish you the best.

 

[petersonra]

I think some of you guys are focusing on the wrong side of this equation. You might be able to slip through the licensing issue without too much trouble but depending on what your contractual obligations are you could be getting into a real mess. That is why you want to take your contract to your lawyer and have him look at it before you do anything. Random people on the internet who have no legal experience can tell you all kinds of things. You might believe you have some kind of normal employment contract. You don't know and they don't know what your obligations are under the terms of the contract you signed.

Chances are it's nothing all that offensive. But the only way you're going to find out is to pay someone who can actually tell you. Unfortunately this should have been done before you signed on the dotted line so that you would have known when you signed up what it is you actually signed up for.

 

[roger]

I think some of you guys are focusing on the wrong side of this equation. You might be able to slip through the licensing issue without too much trouble but depending on what your contractual obligations are you could be getting into a real mess. That is why you want to take your contract to your lawyer and have him look at it before you do anything. Random people on the internet who have no legal experience can tell you all kinds of things. You might believe you have some kind of normal employment contract. You don't know and they don't know what your obligations are under the terms of the contract you signed.

Chances are it's nothing all that offensive. But the only way you're going to find out is to pay someone who can actually tell you. Unfortunately this should have been done before you signed on the dotted line so that you would have known when you signed up what it is you actually signed up for.

And that takes us back to post #13.

Roger