Questions about Terminations & Non-Compete Agreements

My daughter was recently fired from her job as an account manager for a business forms company.

1. She took 2 individual sick days to interview with other companies. When she returned to work on Monday morning, her supervisor confronted her about the sick days and her search for another position. My daughter told her supervisor that she was looking for another job and was terminated on the spot.

2. She was allowed to gather some of her personal items that were on her desk and was escorted out of the building. She still has not been allowed to return to retrive other professional books, etc that she purchased with her own funds.

3. The company has a track record of not promptly paying departing employees wages alreday earned.

4. She signed a non-compete agreement (50 mile radius), but both of her interviews were outside the 50 mile radius (one in Cleveland; one in Dayton).

5. She received a letter from her employer today demanding that my daughter remove from her resume any former clients she has listed as professional references.

Several questions:

1. How can my daughter retrieve her personal property? The supervisor refuses to let her in the building.

2. My daughter's compensation was based on salary plus commission, with commissions being paid after customer invoices were paid. She has asked for copies of her sales report, to make sure that she is paid commissions she has already earned as they are invoiced, but her supervisor has refused to give her this information. What action can she take to ensure she is payed what is owed her? Some of the commissions won't hit the books for several weeks. Also, what action can she take if her final pay is withheld?

3. Employment was at-will. Are there any grounds to contest the firing?

4. How enforceable is her supervisor's demand that she remove former customers from a reference list on a resume? She has no intention of soliciting these clients for future business. Furthermore, she is only considering employment outside the 50 mile radius.

5. One final question on the non-compete (out of curiosity)...if she finds employment with a company outside the 50 mile radius, can she solicit business from former clients?

Thanks very much for your time and assistance.

1 answer  |  asked Aug 28, 2003 12:47 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Consider a small claims suit

Hi:

If your daughter cannot recover her personal possessions or final pay, she can file suit in small claims court to recover money and possessions worth up to $3,000. To find out how much she is owed in commissions, she can ask for a subpoena when she files her claim and use the subpoena to compel the employer to produce the sales records.

I cannot comment on the grounds for firing without knowing more. Generally, an employer is allowed to terminate for any reason, including the reason that the employee is looking for work elsewhere.

Turning to the non-compete, the answer to your questions depends on what the non-compete agreement says. I doubt that it prohibits her from using former clients as references. If not, she is free to use them. As for soliciting former clients from employment outside of the 50 mile radius, again see what the agreement says. If it is not prohibited, the non-compete will not stop her. I suspect, however, that the agreement will say something to prevent that from happening. Finally, Ohio's trade secret's law prohibits an employee from using confidential customer lists to contact customers. If the employer kept the customer list confidential, she should avoid using it.

Best regards,

Neil.

posted by Neil Klingshirn  |  Aug 28, 2003 1:11 PM [EST]

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