Is the non-compete I signed enforceable?
I recently joined an IT company (still in my 90 day probationary period), and I wish to go to work as a full-time employee for one of my company's customers. Reasons: My current company has recently come to me demanding I sign an agreement to reduce the wages I just bargained for upon hiring. This is not how we negotiated in the beginning. Also, I am required to wear a uniform every day that the company has not provided still. The shirts I have with company logo were removed from a coworkers back so that I would have one. The atmosphere internally is toxic and I have lost confidence in the company.
That said, I have been offered a position with a company that my current company has provided IT services for. It was a contract to perform a certain block of services that have been completed. No current contract to provide future services exists. My non-compete says I cannot work anywhere in the state of Indiana for 1 year after termination except in the case the company terminates me within the 90 day probationary period. The damages also seem punitive (one year salary). The scope of my work at the new company would include IT services, but also marketing, safety, and other services not performed at my current employer. It is possible that I would have a new title, such as Marketing Coordinator, or similar, as well. The "easy road" looks as if I should get fired by month end (end of 90 days), but I would really rather resign and then work for the new company. Thoughts? I am interested in a consultation if necessary as timing can be an issue here. Thank you.
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