Is my non-compete valid when I had my pay cut and benifits cut ?
I signed a non-compete with my employer after I got another job offer and gave my two weeks notice. The next day my boss called me in and offered me more money to stay,so I did. A few days later they asked me to sign this non-compete and i did not want to but they told me I had to, so I did. Now they cut my wage and took did away with my 401k plan , and the non=compete is so broad I can't work in my field for 2 years, and they would not neg. the non-comp when I signed it.
1 answer | asked Sep 6, 2010 9:14 PM [EST] | applies to Ohio
Answers (1)
There many questions and answers on this website which deal with your issues. I suggest you peruse the archives.
The short answer is this:
1) In Ohio, it is legal to require you to sign a non-compete in return for continued work;
2) It is generally irrelevant that you had your wages and benefits cut as to whether the agreement is enforceable; and
3) You should engage an employment attorney to give you a legal opinion as to whether the agreement has "reasonable" terms. This is in order to predict the probability of your employer taking you to court if you were to breach the agreement.
Don't mess with this. Some employers are getting nasty about ex-employees working for a "competitor". It could cost you a whole lot in the end if you don't know the answers first.
There is arguably one cause-of-action you may have against your employer. It is called promissory estoppel. It's tough to win. So you should ask an employment attorney about it.
posted by Neil Rubin | Sep 8, 2010 3:42 PM [EST]
The short answer is this:
1) In Ohio, it is legal to require you to sign a non-compete in return for continued work;
2) It is generally irrelevant that you had your wages and benefits cut as to whether the agreement is enforceable; and
3) You should engage an employment attorney to give you a legal opinion as to whether the agreement has "reasonable" terms. This is in order to predict the probability of your employer taking you to court if you were to breach the agreement.
Don't mess with this. Some employers are getting nasty about ex-employees working for a "competitor". It could cost you a whole lot in the end if you don't know the answers first.
There is arguably one cause-of-action you may have against your employer. It is called promissory estoppel. It's tough to win. So you should ask an employment attorney about it.
posted by Neil Rubin | Sep 8, 2010 3:42 PM [EST]
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