Is an employers non-compete agreement enforcable if that employer knowingly and intentionally competes unfairly in the market place.

I was terminated after 14 months and my unemployment claim was not disputed.

My direct supervisor discovered along with the aid of fellow employees that my employer had been misrepresenting it's products and had knowingly continued that practice for many years.

Several other employees and I showed managers the undisputable evidence of this practice. During several meetings and numerous e-mail discussions throughout the course of twelve months, management was notified of the misrepresentation of products and data to support the false representations. The employer became very retaliatory towards us, and failed to adress the misrepresentations.

Two employees quit and went to the competitor named in the non-compete agreement. I was terminated on the day of their departure and also went to the competitor.

We were all sued.

1 answer  |  asked Aug 6, 2009 07:11 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Non-competes are enforced to the extent necessary to protect the employer's legitimate business interests. If the business interest that the employer is trying to protect is illegitimate, such as the sale of drugs or dangerous products, a court would almost certainly not enforce it. Whether or not the misrepresentations made by your former employer arise to that level is a factual question.

If you are a defendant in a lawsuit, you need an attorney to protect rights. Here is an article on how to do that:

http://www.myemploymentlawyer.com/wiki/How-to-Find-and-Select-Good-Employment-Lawyers.htm

posted by Neil Klingshirn  |  Aug 6, 2009 08:09 AM [EST]

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