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Non Compete After the Fact

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Tunie

Member
State of Michigan

(Is this is in the wrong area, please feel free to move it.)

My husband was heavily recruited by a company while employed at another position. He gave proper notice to his old employer and took the new job (more pay, more responsibility, more suited to his skills and qualifications). No hard feelings at his old job.

He has been there now for approximately a year and a half. They have hired someone from the outside to be his new boss. Many changes have been effected. Three 15, 18 and 20 year veterans with the company have since quit including the guy who recruited and hired him. Things are pretty much in an upheaval.

The new guy has come to rely on my husband considerably for help in learning his own new job and he seems to respect and appreciate my husband's skills and experience.

Now the new guy is making noises about getting all existing employees to sign non competes AFTER the fact.

Nothing is certain yet but my husband has heard rumors that there will either be a severance package offered in consideration of signing a non compete after the fact of his employment over a year ago or he could be fired for his refusal to sign one. He has also heard that there will be nothing given in writing about what a potential severance package may include.

Rumors about a potential non compete include making it for a term of 2 years and a 300 mile radius. This seems excessive and would severely limit any future choices he may have in his field and in his geographical home base.

He works in a field that is very competitive and employees jump from one company to another all the time. Most often he comes up against people he once worked with who now work for a company involved in a similar line of business. And, also, most often, none of these people had non competes. He worked his last job for 15 years so he's not a job hopper, not that that makes any difference in relation to this issue.

1. Does he have to sign the non compete?
2. Can they fire him if he doesn't?
3. If any formal consideration is given, i.e. a severance package, shouldn't be in writing?

Thank you for your consideration in reading my post.
 


Beth3

Senior Member
I think you and your husband should quit listening to rumors. I can tell you some of what he's hearing is just ludicrous.

Anyway,

1. Does he have to sign the non compete? He doesn't have to do anything but his employer may make it a condition of continuing employment if they wish to.

2. Can they fire him if he doesn't? Yes.

3. If any formal consideration is given, i.e. a severance package, shouldn't be in writing? It would only make sense for any severance offered to be in writing.
 

seniorjudge

Senior Member
Tunie said:
State of Michigan

(Is this is in the wrong area, please feel free to move it.)

My husband was heavily recruited by a company while employed at another position. He gave proper notice to his old employer and took the new job (more pay, more responsibility, more suited to his skills and qualifications). No hard feelings at his old job.

He has been there now for approximately a year and a half. They have hired someone from the outside to be his new boss. Many changes have been effected. Three 15, 18 and 20 year veterans with the company have since quit including the guy who recruited and hired him. Things are pretty much in an upheaval.

The new guy has come to rely on my husband considerably for help in learning his own new job and he seems to respect and appreciate my husband's skills and experience.

Now the new guy is making noises about getting all existing employees to sign non competes AFTER the fact.

Nothing is certain yet but my husband has heard rumors that there will either be a severance package offered in consideration of signing a non compete after the fact of his employment over a year ago or he could be fired for his refusal to sign one. He has also heard that there will be nothing given in writing about what a potential severance package may include.

Rumors about a potential non compete include making it for a term of 2 years and a 300 mile radius. This seems excessive and would severely limit any future choices he may have in his field and in his geographical home base.

He works in a field that is very competitive and employees jump from one company to another all the time. Most often he comes up against people he once worked with who now work for a company involved in a similar line of business. And, also, most often, none of these people had non competes. He worked his last job for 15 years so he's not a job hopper, not that that makes any difference in relation to this issue.

1. Does he have to sign the non compete?
2. Can they fire him if he doesn't?
3. If any formal consideration is given, i.e. a severance package, shouldn't be in writing?

Thank you for your consideration in reading my post.

1. Does he have to sign the non compete?
2. Can they fire him if he doesn't?
3. If any formal consideration is given, i.e. a severance package, shouldn't be in writing?

Yes if he wants to keep the job, yes, and not unless the company wants to.
 

Tunie

Member
Thank you for your answers.

Sounds like there is nothing in Michigan law that protects a good, hardworking employee from being fired for not signing a non compete.

It is especially egregious in this case because he was enticed to take this job based on representations of the long term employment manager for this company who quit recently because of other shenanigans this company has been pulling lately. What a shame that this company will apparently not be held to any kind of reasonable standards. No wonder businesses can't get good employees anymore.

As far as listening to rumors, nothing wrong with that. Sometimes being forewarned, even by rumor, can be useful in the future.
 

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