Is a non-compete contract enforceable in case of forced resignation (demotion, salary cut, etc)

Having worked for a company for several years. Can a non-compete contract signed after after a few years of employment for the company stop anyone from working for competition (in any way or form), Specially if one is terminated, or has to resign due to demotion,salary cut, or similar reasons?

2 answers  |  asked Sep 17, 2010 6:23 PM [EST]  |  applies to Ohio

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Answers (2)

Neil Rubin
I agree with David. Sad but true. This agreement could be enforced if its terms are REASONABLE. (There are a lot of answers in the non-compete section of this Q & A. You will find details there.) Hiring an attorney is good advice.

posted by Neil Rubin  |  Sep 21, 2010 6:38 PM [EST]
David Neel
In a nutshell the answer is probably yes, the employer can enforce the non-compete. It depends of course on the language in the agreement. Most non-competes these days do not limit enforceability to particular situations, such as involuntary termination. Your best bet is to retain a lawyer to review the agreement to see if there is a way to challenge the non-compete.

posted by David Neel  |  Sep 20, 2010 08:15 AM [EST]

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