i have been working for the same company for 7 years. Just recently a new company came in and bought them out, and is demanding that I sign a non-compete. My old employer never had me sign one. If I refuse to sign and they say that I must or I can't work
see above.....working for same company for 7 years..new company buys them out and demands a non-compete. If I refuse and they let me go, can I claim unemployment?
3 answers | asked Aug 30, 2015 08:31 AM [EST] | applies to Florida
Answers (3)
For what it's worth, which is not a lot, Ohio employees who lose their job because they refuse to sign a non-compete are eligible for unemployment compensation benefits.
posted by Neil Klingshirn | Aug 31, 2015 08:41 AM [EST]
posted by Neil Klingshirn | Aug 31, 2015 08:41 AM [EST]
I agree with Ms. Towzey in that you can be not-hired if you refuse to sign. As for your entitlement to unemployment, hard to say. Given that you are turning down employment you are creating the loss of income. On the other hand, not wanting to bind yourself to a non-compete agreement may be sufficient reason to not accept this employment and there is no question that your separation from your past employer entitles you to benefits. If you chose to not accept this new position, apply for benefits and see what happens. If you are initially denied reach out to counsel to request a hearing. It is at the hearing stage that the true decision is made.
posted by Arthur Schofield | Aug 31, 2015 06:27 AM [EST]
posted by Arthur Schofield | Aug 31, 2015 06:27 AM [EST]
Yes, they can let you go if you refuse to sign. You may be eligible for unemployment, because this requirement is a material change in the terms and conditions of your current job. However, I have not researched specific cases where this argument was made in an unemployment claim. You should consult an employment lawyer to research this before making a decision whether to quit your job. Another option is to discuss with your employer whether any part of the noncompete is negotiable (i.e. will they reduce the geographic area or the time period, or more narrowly the define the specific competitive activities you are restricted from engaging in).
posted by Phyllis Towzey | Aug 30, 2015 08:54 AM [EST]
posted by Phyllis Towzey | Aug 30, 2015 08:54 AM [EST]
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