Answers Posted By Brian J. Smith

Answer to I worked for a large insurance firm and signed a non compete on my first day. Two years later, I lost my position due to downsizing. Is my non compete still valid since I didn't chose to lose employment?

It really depends on the terms of the agreement. In addition, there may be ways to narrow the scope of the agreement. Due to the potential impact this could have on your earning potential, as well as potential ramifications for violating the agreement, it may be a good investment to be proactive and consult with an attorney about the agreement.

posted Sep 2, 2015 10:22 AM [EST]

Answer to Question on suspension

Unless you are governed by a contract, such as a union contract, the employer can suspend you, even without prior warnings or a fair hearing over the allegations. That is, unless the employer is discriminating against you based upon a protected class (e.g., race, gender, et...), or if the employer is interfering was a statutorily protected right (e.g., FMLA, ADA, etc....). Keep an eye out for those issues. If the employer ultimately ends up terminating you, it might be a good idea to seek out an unemployment compensation attorney to help you obtain unemployment benefits.

posted Aug 19, 2015 11:20 AM [EST]