Interpretation of 'voluntarily termination' in the non-compete agreement?

[10dulkar]

What is the name of your state? Work in VA, reside in MD

Hello, I would really appreciate it, if I could get an answer to a situation i find myself under:

i work for a company where i have signed a non-compete agreement which says that if i join a competitor then can enforce the agreement for 1yr and they will pay me salary for that yr if they ask me to leave, but will not pay me (even though they will enforce the agreement) if i leave voluntarily.

here is my situation:
about 2 months back, i was told by my manager that i have not performed upto expectations and they gave me 60days to improve or i would be asked to leave. at the beginning of the said 60day period, i started looking for a job and subsequently found a job with a competitor 50 days into the 60day period. also on the 45th day, my manager told me that my group manager (his manager) is very unhappy with my performance and wants the 60day period enforced very strictly (these were the exact words my manager told me). now i have informed my manager that i want to leave the company and join the competitor. they have told me that they will enforce the NCA but will not pay me since i left on my free will. my contention is that i did not leave on my free will, and was forced to leave since the consistent message i got from my senior management that i will be asked to leave as soon as the 60days are over.

my question is that do i have a case, as in, can i push them to pay me since they have said very clearly they will not let me work in the other place?

Thanks a lot and would really appreciate any advice in this regard

 

[cbg]

The EXACT wording and the EXACT context is extremely important. Unfortunately, questions regarding non-compete agreements (or any other kind of contract) do not come in one-size-fits-all.

You will have to show the ENTIRE agreement to a local attorney to determine its enforceability.

Sorry, but this is beyond the scope of a message board.

 

[10dulkar]

Thanks so much for your prompt reply.

I guess my question is more around what is considered voluntary:
i have for the past 5mns been told my performance is not good enough. i went through a 3mn performance plan, at the end of which i was told that i have improved but not enough so they will give me another 60days to improve. with only 2 weeks left of the 60days, i was told that the Director of my group (who decides whether i stay or not) is quite unhappy with my performance and i will be terminated if i dont improve in 2 weeks. in these circumstances now that i have found a job, they are telling me i left of my own free will, whereas my contention is that i left because during every interaction with my manager, i was either told directly or indirectly that i will be asked to leave soon.

 

[cbg]

Depending on how the agreement is worded, I can see this going either way. You REALLY need to have someone look at the agreement. There is NO one, definite, always-going-to-be-the-case-in-all-circumstances answer to your question.

 

[10dulkar]

Thanks - i guess you did answer my question...i was keen on knowing if there is any merit to my arguement or is it completely baseless. i will speak to a lawyer and take it from there...

thanks once again