Legality question

[Guest]

Hello All,

I'm new to the site and was hoping someone could help me out. I work for a company that resets the physical and electronic meters to 0 and resells them. I'm told they are sold as refurbished, but I have trouble believing this since I don't see the need to reset the meters if that is the case. They are an authorized dealer and sell new machines also, but the vast majority are used. I have a no compete clause so i can't go to work anywhere else near where I live. I was wondering if anyone could tell me if this was legal to reset the meters. I think it is ethically wrong doing this. My management has repeatedly told me it is legal every time I have questioned it regardless of how it is sold. I was also hoping someone knew how enforceable a no compete is in Michigan if I'm not involved in sales what so ever. My clause is for a length of three years and covers a rather large territory.

Thanks for the help,

Ed

[sdrawkcab]

Re: Legality question

My understanding working for three companies in two countries is this, If the sales documentation clearly states the copier is refurbished, and the customer clearly understands that, then the mechanical and electronic meters can be reset, the issues arise if the copier is being sold as new.

As for the competition clause, I have never heard of a technician being restrained for that long, personally, I would seek legal advice. Most employment statutes prohibit lengthy restraints as this can be your only profession and will unduly affect you.

Good luck.

[Iowatech]

Re: Legality question

This is an issue that can best be answered by the manufacturer of the equipment you are working on.

[edcloss]

Re: Legality question

I'm against doing it because I personally feel it is wrong. Thanks for the reply's. I am unable to find any answers online about the legality of it. The copiers are purchased used and lightly rebuild. However it still doesn't seem legit to me. I'm hoping to find out one way or another so I have leverage with my no compete if I decide to seek employment with another company or go out on my own.

[ZOOTECH]

Re: Legality question

I'm against doing it because I personally feel it is wrong. Thanks for the reply's. I am unable to find any answers online about the legality of it. The copiers are purchased used and lightly rebuiwld. However it still doesn't seem legit to me. I'm hoping to find out one way or another so I have leverage with my no compete if I decide to seek employment with another company or go out on my own.

Contact a lawyer!

[allan]

Re: Legality question

I was bound by restraint of trade twice before and got free from it. If this is you only skill and someone else can over you more money or if your working conditions are poor you can go work for a company next door. Employers put that stuff in the contract but where i come from if that is not in employment act it wont stick. I agree, get legal advice.

[ruben]

Re: Legality question

If everything is replaced, not just consumables, then it is acceptable to reset the counter. Effectively the machine is considered as good as new if all, except cosmetic, parts are replaced.

What people consider 'everything', is subjective. To me, everything is all consumables, shafts, bearings, bushings, mylars, rollers, belts (feed and drive), etc.

[bob marley]

Re: Legality question

I'm against doing it because I personally feel it is wrong. Thanks for the reply's. I am unable to find any answers online about the legality of it. The copiers are purchased used and lightly rebuild. However it still doesn't seem legit to me. I'm hoping to find out one way or another so I have leverage with my no compete if I decide to seek employment with another company or go out on my own.

personally ,I am convinced that there is no moral or legal justification
however think it is better seek legal advice

[Tonerbomb]

Re: Legality question

contact your states attorney generals office on both matters..........................