NON-Compete Contract

[ohiogal1]

What is the name of your state (only U.S. law)? Ohio

I was terminated from employment 5/30/13. I have applied for unemployment- been denied and am now appealing.

I have been trying since the 1st of June to get my former employer to release money owed to me(it was a Christmas club account), according to the handbook upon termination the money will be distributed in a timely fashion not to exceed 30 days...

anyhow, I received a certified letter today from their attorney that states, they would like to meet with me to give me my check(again supposed to be cash because it has already been taxed once) for $350 Christmas club, and would also like to give me an addition $460, but I need to sign this non-compete agreement for a term of 3 years. Do I have any lee-way here as far as asking for either less time on the non-compete or more compensation. I have done this job in this business for 15 years and it will be very hard for me to find any job that I am qualified for outside of this business.

Any input is appreciated.

Thanks!

 

[swalsh411]

A non compete that does not allow you to work in your field for three years is unenforceable on it's face. I would take the money owed to you, sign the agreement, and then continue to look for a job.

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

I was terminated from employment 5/30/13. I have applied for unemployment- been denied and am now appealing.

I have been trying since the 1st of June to get my former employer to release money owed to me(it was a Christmas club account), according to the handbook upon termination the money will be distributed in a timely fashion not to exceed 30 days...

anyhow, I received a certified letter today from their attorney that states, they would like to meet with me to give me my check(again supposed to be cash because it has already been taxed once) for $350 Christmas club, and would also like to give me an addition $460, but I need to sign this non-compete agreement for a term of 3 years. Do I have any lee-way here as far as asking for either less time on the non-compete or more compensation. I have done this job in this business for 15 years and it will be very hard for me to find any job that I am qualified for outside of this business.

Any input is appreciated.

Thanks!

I certainly would not sign anything like that. I would sue them in small claims for the Christmas Club Money, and keep fighting for the unemployment.

 

[TigerD]

Just get the money you are owed and decline both the extra money and the opportunity to sign a non-compete.

DC

 

[commentator]

Quote: "Do I have any lee-way here as far as asking for either less time on the non-compete or more compensation."

Okay, you are looking at this entirely wrong. If they are terminating you, and trying to keep you from getting approved for unemployment benefits, they must be saying they had a good misconduct reason to terminate you.

Okay, in this case, why in the heck would they owe you ANY compensation? What are they trying to buy here? They're certainly not compensating you for not getting unemployment benefits, because that has nothing much to do with whether they want you to receive benefits or not. And they have to give you the Christmas Club money back if it was your own money withdrawn from your paycheck. And you don't have to sign anything to get that.

And as someone else has pointed out, I'd have no worries that such a silly unreasonable "three years" non-compete would be at all enforceable. Especially since they've already severed your employment, and you are not AT ALL attached to them in any way (except that they've got the money they are legally obligated to give you anyway, your Christmas club money.)

So what they're saying, basically, is that if you show up here and sign this non-compete agreement with us, we'll pay you $460?" Why not ask them to give you $600, or $4500 if they're that worried about your taking a job with their competition? They should have considered that before they fired you! You have all the lee-way in the world, because they have no legal right to ask you to sign something like this. Usually these sort of agreements are done at the beginning of a hiring arrangement, not two months after they've already fired you for cause. I agree with debt collector, show up for the meeting, get your Christmas club money, and do not sign anything, do not take their funny money. Pursue the unemployment appeal.

NOTHING that happened between you and the employer any time after May 30th will have any relevance in your unemployment appeal. In other words, no matter if they say, "We met with the person and she signed this paper agreeing not to file for benefits, admitting she is at fault in her firing, and now is prohibited from looking for work for three years in this field, it won't matter at all and won't even be allowed into an unemployment appeals hearing.

I wouldn't be surprised if they were trying also in some way if you were to sign it to use this information to try to show that you actually did resign from your job, though you didn't, and that you won't pursue unemployment benefits against them, though you cannot legally agree to do this, any more than you could legally agree to accept less than minimum wage.

Some people actually don't know they aren't supposed to do this, or think that accepting this money would make you ineligible for unemployment if you are approved for benefits on appeal.