termination with severance pay offered

[sjh81964]

I am considering the termination of a person in a managerial position who's performance has gradually declined over the past several years. He has however, built some descent relationships with clients while with our firm. Is it possible to offer him a severance package only IF he agrees to sign a non-compete agreement, and if so what recourse do I have if he fails to comply with it? From Ohio.

 

[crager34]

check your local laws

In most states, non-compete agreements are not enforcable. You might want to check that out first. That is pretty much the bottom line.....it's a gamble.

 

[buddy2bear]

You know, it's not really moral to ask someone to sign a non-compete and then fire them! How would you feel if you couldn't earn a living by getting another job in your profession for a year or so because of a non-compete? On the other hand, you would be well advised to check into the Age Discrimination in Employment Act (ADEA) because if this guy is over 40, then you would be far better off having him sign an agreement to release and not sue your company for age discrimination in exchange for his severance than to worry about competition. Besides, you're saying he is of no more use to you, so why worry if he takes a little business with him?