Denied Employability

I worked for a technology consulting company. While going through financial difficulty, the owner/president decreed that all staff, effect the payroll lady, would now be on straight commission. I started at the company on salary plus commission, was promoted to director after 1.5 years and was put on full salary, substantially higher. Having a wiffe and four children, I could not continue to work on full commission, so decided to leave. However, before I couldget my last paycheck, I was asked to sign a non-compete with assurances that a waiver would be signed if I landed another job. Now that I have an offer, the waiver was denied and was threatened will court. Alabama is a work-at-will state (if that helps, any) and there is nothing else for which I qualify without significant loss in salary/compensation. Please advise.

By the way, the non-compete prohibits me frokm working in any capacity for any company which does the same and has no geographic restrictions. Feel free to contact me if there is any legal code or statute which may help me.

1 answer  |  asked Jul 12, 2001 5:07 PM [EST]  |  applies to Alabama

Answers (1)

Henry F. (Hank) Sherrod III
Denied Employability

Covenants not to compete often can be challenged based on their unreasonableness. That there is no geographic restriction gives you a good start. There are many issues raised by your fact pattern. You should contact a local attorney. I believe you may very well be able to successfully challenge the covenant not to compete. You should consult a local attorney.

posted by Henry F. (Hank) Sherrod III  |  Jul 12, 2001 7:22 PM [EST]

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