Non Compete

[tscreeton]

Hello, I live in Indiana and I work out of my home for a major moving company based in Washington state. I have been employed with this company for eight years. Recently the human resource department sent me a copy of the 2010 handbook along with a 6 month non compete clause. Is this an out-of-the-ordinary contract to receive after eight years of employment? How should I respond? There is no severance and they are clear to say this will stand in a court of law should I quit or they terminate and I am subject to any and all lawyer fees. Is this legal?

 

[swalsh411]

So you never signed a non-compete clause before? Are they making signing it a condition of continued employment? I have heard countless times that those are very hard to enforce and usually employees don't leave with enough valuable information to make it worthwhile to sue anyway. Are you an executive or somebody with a lot of proprietary knowledge?

It is legal to fire you for refusing to sign it if you think they would do that.

 

[tscreeton]

No, I have never had nor been asked to sign a non compete prior to this year. I am basically employed by 20 owner-operator drivers that haul household/military goods all over the United States and Alaska. If I leave, alot of the drivers could/would follow. It is a 55 million-a-year division. Me and my drivers bring in 3.5 - 5 million of that.

 

[ecmst12]

You would have to show the non-compete to a local attorney to see how enforceable it might be.

 

[cbg]

However, there is absolutely nothing in the law that says if a non-compete is not given to you at hire, they can never give you one later. If your understanding was that it was automatically unenforceable because you have already been working there for 8 years, you were mistaken.