Non Compete along with Commission Dispute (Michigan)

Let me start by saying that I am evaluating the move to a direct competitor (in general) and looking for some advice on my non-compete. In 2012, when I was an Account Manager, my company did not want to pay me the full amount of commission that was owed to me with the explanation that they made a mistake when defining it. Someone overheard me talking about suing them for the $##k and reported it to HR. A week later I got the ‘tap on the shoulder’ and was escorted to a conference room where my manager, HR, and the company president were seated; historically, everyone else in that situation got fired. They placed a document in front of me that basically said that they would pay me 23% of $##k if I would unconditionally release and forever discharge them of any future claims while denying any plausibility that my claim was valid or the company was at fault. Next it included a confidentiality clause limiting my ability to discuss the ‘resolution’ with anyone other than the IRS, my spouse, and financial planner (nothing about talking to a lawyer). In the same document they also included a non-compete that I am certain is too broad, but even if narrowed by the courts it might limit me from making the move I am contemplating. A couple of other notes (1) Since 2012, I have been promoted to Sales Manager and then recently transitioned (demoted) to Executive Account Manager (2) The company did create a non-compete for existing management and new hires that was not as broad as mine which stated the specific company names of the competition included in the non-compete; the company that I am looking at is not on that list (I was not asked to sign the updated agreement) (3) There are five (5) people that I know of who have left my current company to go work for the companies on the new non-compete agreement that were not pursued with any legal action nor am I aware of any legal action to enforce the non-compete for any ex employees. (6) When I asked my manager what happens if I don’t sign the agreement he told me that I would be fired (but my understanding is that working in an at will state negates any claims of duress). While I would like to dig deeper into my new employment opportunity, I am hesitant. This site has provided me with substantial understanding on non-compete agreements, but I am not sure how the financial dispute plays into the picture. Many thanks to any feedback that you can provide.

0 answers  |  asked Apr 10, 2019 2:39 PM [EST]  |  applies to Michigan

Unlock Non-Compete Agreements: Keys to Escape

Answers (0)

No answers were found for this question.

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA

more Virginia Employment Lawyers