Non Compete question.

[barcode2328]

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

Hello,

This is my first post on here. I am in a bind with a non-compete part of my employee agreement that I signed when I started my job and I hope you can help me out.
I started with this IT company of about 50 employees a little over two years ago. I just started as a regular help desk support tech, nothing special. The thing is that I was so excited to finally get a tech job that I naively signed my employee agreement without giving too much thought to the non-compete part of it.
The clause is pretty intense in my opinion. It basically states that you will not start a similar business or take a job with a partner or competitor for 2 years after termination. The geographical area is within 75 miles of their offices, and with them having multiple offices in different parts of the state, that excludes most of the state.
I am looking at getting a different job and one of them is with a competitor of ours. The reason I am looking for is this. I have been with the company for a while now and I have tried to work as hard as I can. I have never received a review or raise though. I have asked many times though over the years and I always get the run around on it like "yeah lets set something up soon" and then it infinitely gets pushed back.
In my employee agreement it does state that they are to give me a 90 day review and then once a year after that. So in essence, they are breaking their part of the employee agreement also.
I was also running the idea of if I were to get hired at a competitor, I would just not tell them where I am going when I quit. They never really have contact at all with their competitors so I don't think they would find out.
What should I do? Most of the jobs that I find suitable could be considered "competitors" so I am stuck. Please help me figure this out. I am torn about this.

Thanks

 

[latigo]

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

Hello,

This is my first post on here. I am in a bind with a non-compete part of my employee agreement that I signed when I started my job and I hope you can help me out.
I started with this IT company of about 50 employees a little over two years ago. I just started as a regular help desk support tech, nothing special. The thing is that I was so excited to finally get a tech job that I naively signed my employee agreement without giving too much thought to the non-compete part of it.
The clause is pretty intense in my opinion. It basically states that you will not start a similar business or take a job with a partner or competitor for 2 years after termination. The geographical area is within 75 miles of their offices, and with them having multiple offices in different parts of the state, that excludes most of the state.
I am looking at getting a different job and one of them is with a competitor of ours. The reason I am looking for is this. I have been with the company for a while now and I have tried to work as hard as I can. I have never received a review or raise though. I have asked many times though over the years and I always get the run around on it like "yeah lets set something up soon" and then it infinitely gets pushed back.

In my employee agreement it does state that they are to give me a 90 day review and then once a year after that. So in essence, they are breaking their part of the employee agreement also.
I was also running the idea of if I were to get hired at a competitor, I would just not tell them where I am going when I quit. They never really have contact at all with their competitors so I don't think they would find out.
What should I do? Most of the jobs that I find suitable could be considered "competitors" so I am stuck. Please help me figure this out. I am torn about this.

Thanks

Below you will find a “Four Star” article containing a comprehensive review of how the courts in Minnesota breakdown and analyze covenants not to compete. It includes significant case citations.

I recommend that it be ear marked by any practicing attorneys in here

mnbar.org/benchandbar/2002/apr02/noncompetes.htm

 

[Hot Topic]

To the best of my knowledge, you're not guaranteed a raise unless you have something in writing from the company that says otherwise.

 

[cbg]

Hot Topic is correct. The only circumstances under which an employee is guaranteed a raise under the law is if minimum wage is raised by the appropriate legislative body and the increase puts the employee at less than the new minimum. Raises can be guaranteed by contact; they are not guaranteed by law with that sole qualifier.

 

[barcode2328]

Latigo: This is definitely a terrific article. It is very well laid out. I have read over it twice and it looks like it is a real uphill climb for a employer to successfully pull off a win when trying to enforce a noncompete. I know there are many different factors in different cases but I don't think that my case would have any merit for an enforceable noncompete.
I am trying to see when I actually signed and turned in the agreement. I can't remember since it has been a while ago. I might have turned it in after I started employment, and it that case it might not be enforceable.

Hot Topic and cbg: Sorry if I misrepresented myself in my first post. You are right about the fact that they don't "owe" me a raise or such. In my employee agreement though it does look like they at least owe me a review at selected times. They have not fulfilled this even after I asked numerous times.
The thing is that I feel I have worked hard and deserve a raise. I know that is just my opinion though and it might not be theirs. I have came to the conclusion though that since it doesn't look like I am getting a review nor a raise anytime soon, I would like to pursue employment elsewhere where I could possibly advance better. This is the sticky part because of that non-compete, non-disclosure. Unfortunately most of the places I could be qualified to work for could be considered competitors. The finding employment with a competitor under a noncompete is the true reason of the post.
I do appreciate the input though and I find it very interesting. I would like to see if there are any others out there with opinions on this. Thank you.

 

[las365]

You need to have a consultation with an employment law attorney who has experience representing people who have been sued by their former employers seeking to enforce non-compete agreements. He or she can give you the best assessment of the agreement and of the climate of the courts in your area. (I haven't yet read the article that Latigo posted the link to)

The bad news is that even if the agreement is not enforceable, it can cost you tens of thousands of dollars and months or years to resolve a case if the employer seeks to enforce it in court. A best-case scenario would be that you negotiate your way out of or reduce the limitations of the non-compete agreement at the time you leave the company, if that is possible.