Did my wife's Employer breach her non-compete agreement?

My wife signed at non-compete agreement at hiring as a Sales Rep. with base salary, comissions & expenses and related insurances including health. After 4 years, the owner of the company forced her to go exclusively comission based & she lost her base salary & all insurances. Yesterday (3 years later) she received by "e-mail" a memeo from the company owner that he was going to take all her exisiting accounts and make them "house" accounts and she would have to start over from "0". I beleive this falls under the inability to earn a living; Unreasonably restricting an employee's rights; Imposing an undue hardship on the employee. Thus, I beleive that the non-compete should be null & void - Please advise.

1 answer  |  asked Sep 24, 2011 05:51 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
I really believe that this is one of those instances where the employer overstepped. You need to have the actual document reviewed and make some decisions on whether or not your wife wants to get in a fight about all of this. It will not automatically void the non-compete, but may allow it to be voided if the company attempts to enforce it.

You can find an employment lawyer near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Sep 24, 2011 08:20 AM [EST]

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