Wrongful Termination?

[liquidxes]

What is the name of your state? California.

This is sort of a long story so I'll try to keep it as straight forward as possible. I work for a wireless accessory company. We distribute car chargers, batteries, etc and for the last 5 months I've been the graphic artist in charge of marketing and art production for the company. To be completely honest I enjoy my job, but I'm being forced into a corner by the employer.

I was presented with a non compete document 3-4 weeks ago and at the time I recieved it I explained to them that I wasn't a lawyer and shouldn't be expected to understand the legal jargon of the document completely. They told me I had to sign it that day and declined my request for a legal review or even explination. I signed the document with notes on each page stating that I had asked for legal advice, but it was declined. They then informed me the next day that they needed a document signed "without my notes."

So last Wed (12.03.03) I was given a second copy of the document and told to take it home and review it and bring it back this week. Well... after doing some searching on the Internet I found that most non-compete documents are invalid in the state of california because of section 16600. I then presented my employer with this information. They informed me that they did understand it was invalid, but that I had to sign it per employment. Well the company does not have an employee handbook or any other description saying I have to sign the document for employment. And I've been told not to come to work until it is signed.

So the question becomes why should I sign something I know to be illegal? If they terminate me, I think I have grounds to sue them for it, but I am not 100% sure. And if they keep me there for a few weeks are they able to fire me a few weeks later for some random excuse?

Thanks for the advice.

Jesse Lowe

 

[Beth3]

The agreement isn't illegal - it's UNENFORCEABLE - and there is a big difference between the two.

I'm astonished at how stupidly your employer has operated - demanding you sign the original document on the spot without any opportunity to review or understand the terms and conditions of the document. Even disregarding CA case law on non-competes, that alone would make the document unenforceable. And now you're suspended until you sign a new copy of the document which they acknowledge is invalid in your State. What a bunch of numbskulls.

If I were you, what I'd do is make a few phone calls pronto and try to get into see a business law/contracts attorney right away - show him the document and get an expert opinion. (Nobody can advise you on the validity of the non-copete unless they've actually reviewed all the language.) Then proceed accordingly.

Your employer CAN terminate you for failing to sign the non-compete, even if it's not valid. I suggest you get some expert legal advice quickly and then decide what you want to do.

 

[liquidxes]

Well at least we both agree that the company is acting in an outrageous way.

I'm looking at the case of Walia v. Aetna. The 16600 rule of california business code says "Every contract by which anyone is restrained from engaging in a lawful profession, trade or business of any kind is to that extent void" and if this is true then termination based on the idea that the non compete would violate public policy and therefore is considered part of wrongful termination just like race, gender, sex, etc.

What do you think I should do? I'd prefer to keep my job, but I don't want to screw myself just because I'm in a corner.

Thanks for the response I appreciate it.

 

[Beth3]

liquidxes, you're making some legal leaps here that I don't know are true. Again, the document being invalid (i.e. void) does not make it unlawful to require you to sign it and and does not make it a violation of public policy to fire you if you refuse. There is a HUGE difference between firing someone because of their membership in a protected class (which is most specifically prohibited by state and federal law), than there is in firing you for refusing to sign a non-compete.

I told you what you should do. Have a qualfied attorney look at the document immediately and give you an expert opinion on the enforceability of the document and what the consequences are to you and/or the employer if you refuse to sign it. Nobody can tell you exactly what you should do because we haven't see the agreement.

Your job and a possible expensive and messy legal entanglement are at stake. See an attorney.