Refusing to sign non-compete - wrongful termination?

3 years ago, I came from a long employment situation (business closed) to a new company and brought many longtime customers and the resulting business. That's why I was hired. First employment agreement (3 year limit) did not have a non-compete, although new boss did try to add it in later. With the end of that employment agreement, the new one he wants me to sign now has a very broad and restrictive non-compete - does not include things like geographical limitations. Additionally, it prohibits selling to ALL customers contacted throughout 3 year employment - including ones that I brought to the company. Besides that, he is instituting new charges to be taken from my commission, to the point where I cannot sign the entire agreement and he may very well terminate. Would this fall under a 'wrongful termination?' I understand trying to prevent unfair competition but what constitutes 'fair' and 'unfair'?

1 answer  |  asked Mar 7, 2011 06:38 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
You at least raise the right questions. Is the proposed non-compete necessary to protect the legitimate interests of the employer to avoid unfair competition or is this a way to squeeze you out or put you in jeopardy while fully siezing all of you old customer accounts. I would suggest taking the draft agreement to an employment lawyer near you and providing a marked-up but signed response. This would also include making it clear that you want to stay.

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

posted by Bruce Elfvin  |  Mar 7, 2011 09:32 AM [EST]

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