Change of job title and pay v/s Non-compete

I work For one of the local television Station in Evansville Indiana. When I first hired in I was paid a salary plus instant commission for Non-Traditional Revenue (NTR) sales. I sold Internet based products. I received my first salary check from the company in three weeks, shortly there after the came to me with a non-compete saying they should have never paid me without a signed non-compete. About five months after that they informed me that they where non going to pay the same anymore, they where going to pay a draw against commissions. after about three more months they moved me to the position of account executive (TV seller). After I left the NTR department they started the base salary plus commission again. The non-compete was never mentioned during the hiring process and they have moved me to the new job title/department. Do you feel this non-compete is a valid agreement? Also there was nothing extra given to me for signing the agreement and I actually lost the base pay......Please advise..
I want to go to work for a smaller TV station in the same market but we have yet to figure out what to do about the agreement.
Thank You!

1 answer  |  asked Nov 26, 2002 12:04 PM [EST]  |  applies to Indiana

Answers (1)

Brenda Franklin Rodeheffer
non compete

The fact that you were not given extra compensation and that you have changed positions are not factors that make the contract invalid. However, nothing is more fact sensitive than non-compete contracts. I would have to see the actual contract, and more important, interview you at some length about your job, job history, etc. to give you an opinion worth anything.

posted by Brenda Franklin Rodeheffer  |  Nov 26, 2002 3:50 PM [EST]

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