non-compete agreement for secretary after 1year 1/2 dont want to sign

[Yudelkes]

What is the name of your state? Florida
I work as a secretary for a painting company which paints new construction and repaints. I have been here for almost a year and a half and now they want me to sign a non compete agreement that includes all their clients. This mean if I sign I can't work as a secretary for any other painting company or any of their clients including builders. I don't want to sign, can they fire me for not signing? and If they can Could I still collect unemployment?

 

[mlane58]

What is the name of your state? Florida
I work as a secretary for a painting company which paints new construction and repaints. I have been here for almost a year and a half and now they want me to sign a non compete agreement that includes all their clients. This mean if I sign I can't work as a secretary for any other painting company or any of their clients including builders. I don't want to sign, can they fire me for not signing? and If they can Could I still collect unemployment?

Yes, your employer can terminate you for not signing a non-compete agreement since they are making it a contingency for further employment. As far as getting benefits for unemployment, only the state UEI board can make that decision. I do suggest that it is in your best interest to discuss any Non-Compete Agreement with an attorney before it is signed or not signed..

 

[Yudelkes]

Why not a non disclosure agreement?

I dont understand why they even want me to sign a non compete agreement. The work I perform as a secretary does not compete with painting. Would it not be just as effective, since the problem is not my skill,trade or connections with the clients to steal work; for me to sign a non disclosure agreement? Does anyone else have any insight in my chances in being able to collect unemployment if they were to let me go over this?

 

[eerelations]

Have you mentioned to your boss your willingness to sign a non-diclosure agreement instead?

 

[cbg]

No one can ever give you an iron-clad guarantee as to whether you would or would not receive unemployment in any given situation. The best anyone can tell you, in your situation, is that it would be more likely than not that you would be able to collect. ONLY the state UI office can EVER give you a hard and fast answer, no matter what the circumstances.

 

[Yudelkes]

Have you mentioned to your boss your willingness to sign a non-diclosure agreement instead?

I was speaking with one of the senior officers and they said "The company can only have one agreement; any attorney would agree." Does that hold any truth or does it just come down do if they want to do it or not?

 

[cbg]

While there is no law that dictates that an employer must have only one agreement, it is true that by offering different agreements to different employees, the employer could conceiveably face discrimination charges.

 

[Yudelkes]

Thanks

Thanks for all your help. I spoke with my employer and they agreed to take out the language that would keep me from working somewhere else in the same field.