• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Do I have a case, PLEASE HELP

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

O

ohio

Guest
What is the name of your state? OHIO

I worked and set up all operations for a small chemical company as their chemist. After I had worked there for 1 year and 6 months I was asked to sign a lifetime confidentiality contract or be fired.

I was given no guarantee of future employment, or bonus offer. The contract covered every possible job I could ever do as a chemist and I could be sued for no reason at any time. The company was unstable so I did not sign and was fired on the spot. My health insurance was terminated a week early and I was offered no severence package, and now they are fighting my unemployment. Since the company is smaller than 20 people Cobra laws do not apply to the company and so they did not have to offer continuation of my health insurance.

I offered to sign the contract for a very small severance package and they refused. One week after my termination they sent me a lawyer letter telling me I don't have the right to work for any competitor and they can sue me if they want but aren't going to right now.

I had reason not to trust the company because they had offered me a percentage of the company so I verbally agreed and refinanced my house and had 10000 available to the company. They then without ever telling me changed their mind and never gave me an explaination as to why. I was fired eight months later.

The company has no employee handbook or policies and I never signed any type of form.

I know Ohio is an at will state but many people have been telling me what they did is illegal.

Do I have a case or would it be better to just give up.

Thanks for your help,
Ivan
 


Beth3

Senior Member
From what you describe, the confidentiality agreement you were requested to sign probably wasn't valid ("The contract covered every possible job I could ever do as a chemist and I could be sued for no reason at any time.") An employer has the right to protect their trade secrets but the courts take a very dim view on an employer unduly restricting an individual's right to employment. Firing you because you refused to sign wasn't illegal however.

Regarding your termination, I don't see that you have a case. If you never signed a non-compete or a confidentiality agreement, the employer can't sue you because you go to work for a competitor. If you go out of your way to harm your ex-employer by revealing proprietary information to a competitor, they may be able to bring suit however.

What happened to the $10,000 you refinanced? If you gave that money to the employer and it's unaccounted for so to speak, you should definitely consult an attorney. And it wouldn't be a bad idea for you to see an attorney about the letter they sent you either.

I don't know if this company is just paranoid or they are really engaged in ultra-confidential R&D but it appears they have a litiginous bent so getting a legal opinion before securing new employment wouldn't be a bad idea.
 
L

legaleagle74

Guest
I agree with beth3, there is certainly something going on here, and seeking the advice of an attorney is probably the right thing to do.

Good luck!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top