Can going to arbitration worsen my position ?
I was in sales and I have a non-compete where my former employer pays me a small percent of what the clients I brought in continue to pay - this is what is at stake.
I feel the entire agreement should be voided due to their raiding the employees clients and taking over accounts/ and not paying commissions.
If I go to arbitration, could the arbitrator elimnate the small percent I am currently earning on those clients and continue to disallow me from competing?
Answers (2)
Arbitration has its positives and negatives. The scope of your question is beyond the MEL forum. I advise you to read the MEL archives on non-competition and to engage an attorney to advise you specifically. As I have written many times before, non-compete agreements are strewn with trapdoors for the employee. Do not mess with this by yourself.
posted by Neil Rubin | Dec 10, 2011 07:33 AM [EST]
posted by Neil Rubin | Dec 10, 2011 07:33 AM [EST]
You need to get counsel on this, I have seen arbitrators give lage awards, but this will depend on the evidence that is presented. Your attorney could look at all the records on your former customers and your non-compete should be examined to determine whether it is reasonable.
You can select an employment attorney near you at www.oelasmart.net/directory
posted by Bruce Elfvin | Dec 8, 2011 4:42 PM [EST]
You can select an employment attorney near you at www.oelasmart.net/directory
posted by Bruce Elfvin | Dec 8, 2011 4:42 PM [EST]
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