As a sub contractor with a non compete and I am fired can the non compete be upheld?
I was a sub contractor for a company and had a no compete. He changed the compensation in my original contract to give me a pay cut which I disagreed on . I refused to sign a neew contract with the pay cut so he fired me because I will not take a pay cut. Is the no compete binding?
2 answers | asked May 25, 2010 12:14 PM [EST] | applies to Pennsylvania
Answers (2)
On the other hand, the employer will have to prove that it would be seriously damaged by your employment with a competitor, and the damages would have to be such that there is no other way to remedy the harm, other than to prevent you from working there. Non-compete agreements are complicated and very fact-sensitive. You do need to have a lawyer review your specific agreement to advise you of your options.
posted by Mardi Harrison | May 25, 2010 1:13 PM [EST]
posted by Mardi Harrison | May 25, 2010 1:13 PM [EST]
First - please understand that I have not agreed to be your lawyer, and that this is not legal advice. You should discuss this situation in detail with a lawyer.
The answer is: it depends on the terms of your non-compete. A non-compete agreement may be binding regardless of the reason for the termination.
Courts will enforce non-compete agreements that are reasonable in their terms and necessary to protect the employer. You should have a lawyer review the non-compete to give you an opinion as to its enforceability.
posted by George Barron | May 25, 2010 12:23 PM [EST]
The answer is: it depends on the terms of your non-compete. A non-compete agreement may be binding regardless of the reason for the termination.
Courts will enforce non-compete agreements that are reasonable in their terms and necessary to protect the employer. You should have a lawyer review the non-compete to give you an opinion as to its enforceability.
posted by George Barron | May 25, 2010 12:23 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers