did not know of non-compete until first day of work
I went to work for a company with a salry agreed upon with no mention of any typoe of contract or non-compete. The first day I show up and a contract is put in front of me to sign. In it is a non-compete. I left my previous job for this one and could ot return. They misled me by not asking me to sign anything during the negotiation process. I have a family with two children and what could I do? If I did not sign, I would not have a job. I signed it. It does reference my salary for the year. I just received notice that due to economic conditions I am getting my salary cut in half. I cannot afford to take care of my family with that drastic a cut. I can go to work for my competition (vinyl window manufacturer)and they would pay me what I make now. Will my present company have grounds to stop me? Thank you very much for your response.
1 answer | asked May 8, 2008 05:44 AM [EST] | applies to Pennsylvania
Answers (1)
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, asurprise noncompete on your first day and cutting your pay is grounds to invalidate the agreement. There is solid caselaw that states if you came to an agreement as to your work terms prior to your first day, and you are surprised with the noncompete on your first day, that the noncompetition agreement is invalid for failure of consideration. Furthermore, a 1/2 cut in pay is so drastic as to open the door to the argument that you were constructively discharged (in effect fired), which would also likely invalidate the noncompetition agreement.
There are many other facts that need to be considered; however, you appear to have good grounds to defend against the noncompetition agreement. It would be better to have the issue negotiated out before being sued, however, in order to control costs.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | May 8, 2008 08:16 AM [EST]
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