Non-compete Clause

[mkj4harleys]

What is the name of your state? Florida. I signed this as part of my employment agreement when initially hired as a salaried manager. Now, it is my understanding that each and every time you are promoted or given a pay increase, you must sign a new one to keep it valid. I was promoted 4 times and given 5 pay increases but only ever signed one more agreement after being employed for 3 years. The company has let many former employees go to work for their competitors without regard for the agreement, but when they are angry at a former employee, they get fired up to enforce it. When I left them, it was a tremendous impact on them; I KNOW they will want to enforce it on me as one of their competitors is interested in me joining their organization. Can they enforce these agreements only when they want or must they be consistent? It was always my understanding that you must show consistency with any legal issues.

Thanks.

 

[cbg]

Now, it is my understanding that each and every time you are promoted or given a pay increase, you must sign a new one to keep it valid.

Unless Florida law is very different than the laws of most states or there is language within the agreement itself that states so, this is not true.

 

[JETX]

Can they enforce these agreements only when they want or must they be consistent?

Nope. They can 'pick and choose' as to which former employees circumstances warrant a closer look or not.

It was always my understanding that you must show consistency with any legal issues.

Only to show that a specific policy is not being used to discriminate against any particular group or class.

 

[mkj4harleys]

I think you are correct. As a top manager of the business, that was my understanding, especially working closely w/ HR on a daily basis. I was just hoping to gain more insight from others who may know more.

Thank you for your comments.

 

[cbg]

Sorry, I hit the submit button before I was ready.

Can they enforce these agreements only when they want or must they be consistent?

They can enforce them only when they want to. They may not care if their receptionist goes to work for a competitor - they may care very much if their director of Research and Development does. If so, they can enforce the non-compete clause with the director and not with the receptionist and it will be perfectly legal.

It was always my understanding that you must show consistency with any legal issues.

Not exactly. They can't be discriminatory in their actions. That's not the same as being required to treat each and every employee identically in each and every sitation.

 

[mkj4harleys]

Now, I was there when the previous person in my position was fired and personally heard the General Manager and HR Manager say that they didn't care if he went to work for the competition, and that they would not enforce the non-compete. Wouldn't they need to be consistent in this case?

 

[cbg]

NO.

You are operating on an incorrect assumption. You are assuming that if they don't enforce the non-compete for one employee, they are legally banned from enforcing it for anyone.

That is NOT the case. As long as they do not determine who they will enforce it for and who they don't on the basis of race, religion, national origin, gender, pregnancy, disability, or being over 40, they are free to enforce it or not as they choose. Totally at random if they wish.