non-compete clause - promotions

Can my employer make a promotion (into management) contingent on me signing a non-compete clause?

1 answer  |  asked Jun 25, 2001 7:14 PM [EST]  |  applies to Ohio

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Answers (1)

Neil Klingshirn
You have the right to negotiate your employment contract

A court will enforce a non-compete signed as a condition of a promotion. In other words, your employer has the right to ask for this.

The picture brightens if you look at it as an opportunity to negotiate an employment agreement. For example, you should ask to limit this clause to an involuntary termination without cause. You cannot control that, so ask that it not apply. If the employer insists on being able to keep you from working even if you are fired without cause, then ask for severance pay. If they insist on the right to terminate for cause, then ask for severance only if you are terminated without cause. Point out that this is simply pay n exchange for you giving up the right to work under circumstances that you do not control.

Since you are negotiating an employment contract, be on the look out for an arbitration agreement. If you see anything in any document referring to arbitration, do not sign it until you know what it means.

If your employer presents you with too many conditions for a move up to management, then do not make the move. The mere fact that you have the offer now means you have what it takes to move up. Your challenge is to make sure that you move up with the employer that is going to be fair with you.

Best regards,

Neil.

posted by Neil Klingshirn  |  Jun 26, 2001 09:44 AM [EST]

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