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

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Answers (2)

Mardi Harrison
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]
George Barron
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]

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