Changes to Employment Agreement

I was employed with a company that had me sign a employment agreement. It was typical non compete non solicate ... my question they did yearly evaluation and asked to resign new agreement. in December 2001 they change the formula of figuring compensation, I did not agree to new formula refused to sign new agreement and they still implemented new formula. The agreement satated for 1 year after emeployment ended. Since better than a year since they changed terms without me agreeing can they hold me to this contract? They have let me work and I feel if they want to enforce they should have negotiated fairly and not forced the changes.. The last parargraph states changes can be made only in writing agreed upon by both parties.

1 answer  |  asked Feb 28, 2003 06:41 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
Typical Non-Compete???!!!

Your statement in your query describing the non-compete provisions in your employment agreement as typical really shocked me because the law in New York State disfavors non-compete provisions in employment agreements. Although my sense is that employers are increasingly using non-compete provisions, the law in New York State has not changed.

If push comes to shove, in most cases, courts will find that non-compete provisions are not enforceable.

In your case, because the employer changed your pay, and you refused to sign on, you only have an additional argument for saying the non-compete is not enforceable because it expired. But, even if your employer never changed your pay rate, the likelihood is that a court would nonetheless find the non-compete not enforceable.

posted by David M. Lira  |  Feb 28, 2003 09:04 AM [EST]

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