Refused to renew employment agreement

Tricky one Non Compete agreement signed in consideration of a compensation rate increase. Every year during review they have us sign new ones last year I refused and threw away because I took pay cut even though I increased sales 20% boss acknowledges I did not sign they really changed scheme. I am employeed out of office in PA do sales in NY where I reside and contract states for 1 year and 50 miles from where employee was based by employer never had town city or state. Since they require me to sign new one each year and I can prove that by the old ones I have kept yearly . Can they hold me to the old one I have worked 11 months since not signing, he had forgotten to ask for it back. I have since left and refused to do exit interview or take papers he tried to hand me. I think he is afraid corporate is going to find out I worked without on for 11 months

1 answer  |  asked Nov 5, 2002 5:33 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Not So Tricky

It depends on what you mean by holding you.

Can the employer sue you based on the old agreements? Yes.

Can the employer win? Depends. Depends on the wording of the old agreements, the nature of your job, and the nature of the employer's business. But, NY courts also do not like non-competes in employment situation, so that you likely have a better chance of winning than your employer.

You can also bet that your employer will not get the ear of a judge until after the old non-compete expires.

posted by David M. Lira  |  Nov 6, 2002 08:58 AM [EST]

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