whistle blower then fired
My employer fired me for turning her into Occupational vocational rehabilitation for fraud. She lost the contract then she fired me. Does this invalidate my non compete???
1 answer | asked Aug 7, 2004 9:15 PM [EST] | applies to Pennsylvania
Answers (1)
Your noncompete may be invalid
Before I reply to your question, I must note that we have not met, I do not represent you, I have not reviewed your noncompete or all the facts relevant to your inquiry, and therefore, any response I provide is for informational purposes only, and is not legal advice upon which you can rely.
That being said, it appears from your question that your noncompete may be invalid because (a) it may be void as against Pennsylvania public policy, and (b) your employer may have breached the contract first by terminating you.
If you reported your employer's fraudulent behavior to a governmental entity, and you were subsequently terminated, you may have a claim for wrongful termination in violation of public policy. Such a termination is therefore arguably a violation of the contract. In either instance, a court would not enforce the noncompete.
Furthermore, you may have a claim for violations of the Sarbanes-0xley whistleblower protection law if you reported the fraud internally. However, that claim has a 90-day statute of limitations, and you should see a lawyer IMMEDIATELY if you believe you have such a claim.
Finally, not all noncompetes are valid, and even if you have no claims or there was no breach of contract, you may still not be bound by the noncompete. Without reviewing the document, however, I could not speculate any further.
If you wish to discuss the matter further, please feel free to contact me at the addresses or number below.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Aug 9, 2004 08:42 AM [EST]
Before I reply to your question, I must note that we have not met, I do not represent you, I have not reviewed your noncompete or all the facts relevant to your inquiry, and therefore, any response I provide is for informational purposes only, and is not legal advice upon which you can rely.
That being said, it appears from your question that your noncompete may be invalid because (a) it may be void as against Pennsylvania public policy, and (b) your employer may have breached the contract first by terminating you.
If you reported your employer's fraudulent behavior to a governmental entity, and you were subsequently terminated, you may have a claim for wrongful termination in violation of public policy. Such a termination is therefore arguably a violation of the contract. In either instance, a court would not enforce the noncompete.
Furthermore, you may have a claim for violations of the Sarbanes-0xley whistleblower protection law if you reported the fraud internally. However, that claim has a 90-day statute of limitations, and you should see a lawyer IMMEDIATELY if you believe you have such a claim.
Finally, not all noncompetes are valid, and even if you have no claims or there was no breach of contract, you may still not be bound by the noncompete. Without reviewing the document, however, I could not speculate any further.
If you wish to discuss the matter further, please feel free to contact me at the addresses or number below.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
CEzold@Ezoldlaw.com
posted by Christopher Ezold | Aug 9, 2004 08:42 AM [EST]
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