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no competition agreement


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armywife915

Does anyone have any experience with these? I am asked to sign one and I'm not sure if it is reasonable. We have 2 locations about 40 miles from each other and the contract states 50 miles from EACH location. I just don't know what to do. The previous one was just 1 location. If I refuse to sign it and I get fired can I claim unemployment?

 

Any advice would be appreciated. I know I should see a lawyer but I don't have time right now and I'm not sure how long I have to sign it as I was supposed to sign it a few days ago.

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Non-competes prohibit you from taking a job with any competitor or client for a specific period of time, or for specific competitors and clients. Without knowing what you do, it would be hard to say whether the 50 miles/2 locations is reasonable. If you don't think it is, and if you previously had a non-compete for only 1 location, you might want to discuss changing the terms.

 

If you get fired for refusing to sign a non-compete, you can collect unemployment. But, since you referenced the previous non-compete agreement, you are still technically bound under the terms of that non-compete.

 

However, unless you are truly a "key" employee with all kinds of specific knowledge your employer is afraid will get into the hands of its competitors, they probably aren't going to issue a cease and desist if you do start to work for another company. Probably. They legally can. But it may not be worth it to them.

 

And future employers won't want to take the risk of hiring you if you have a non-compete that includes their workplace.

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Does anyone have any experience with these? I am asked to sign one and I'm not sure if it is reasonable. We have 2 locations about 40 miles from each other and the contract states 50 miles from EACH location. I just don't know what to do. The previous one was just 1 location. If I refuse to sign it and I get fired can I claim unemployment?

 

Any advice would be appreciated. I know I should see a lawyer but I don't have time right now and I'm not sure how long I have to sign it as I was supposed to sign it a few days ago.

 

How long have you been working there? Non competes are ussually signed at the beginning of employment, and in most states there is a minimum amount of time you must be employed before they pay you UI. How long is the agreement for, and what do you do(roughly?, engineer, vp etc).

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Contingent on your state rulings for contractual law you may be wise to get a professional opinion at the very least from a legal aide on what you are signing. It will affect future employ. Non competes can be modified if such clauses are introduced in the initial agreement. Addendums are common as the person grows the business....THe key is..to grow the business.

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armywife915
How long have you been working there? Non competes are ussually signed at the beginning of employment, and in most states there is a minimum amount of time you must be employed before they pay you UI. How long is the agreement for, and what do you do(roughly?, engineer, vp etc).

 

I have been there 2 years and signed one before. However this one has changed and things are not going well like they were before. The agreement doesn't have a time limit to expire if that's what you mean by time. Otherwise its 2 years and 50 miles from voluntary and involuntary termination. I work in the insurance industry.

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armywife915

Ok so I had a lawyer look at it and she said that adding a second location (the first only had 1) made it invalid since I was getting nothing in return. So, what I plan on doing is asking for a raise tomorrow in turn for signing the contract. If I do not get a raise then I won't be signing.

 

My question is how do I ask for a raise without sounding presumptuous?

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Ok so I had a lawyer look at it and she said that adding a second location (the first only had 1) made it invalid since I was getting nothing in return. So, what I plan on doing is asking for a raise tomorrow in turn for signing the contract. If I do not get a raise then I won't be signing.

 

Since things aren't going well and your attorney has said the new noncompete would be invalid, perhaps you should consider just signing it. That way if things didn't go well you wouldn't be bound by it.

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Sometimes companies ask you to sign non competes for scare tactics.

Different states very in the law and what's required in one... For example North Carolina they are not valid no matter what... Some states require they give you somethig ($$$) in return for you signing the non compete.. Google your states requirements.. Then when you talk to them about signing and you ask for more money you are prepared.

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