Have worked for company 4 years, they want me to sign no compete clause. Can they fire me if I dont sign?
The company asked me to sign one 2 years ago and I declined. Next week I have to meet with the Top Management one on one because I have not signed it. The language in the no compete says I will not be elgible for bonus at end of year if I do not sign it. (Bonus being offered is small) I am top sales person in the department and aligned with top client represented by my company.
Answers:
Talk to a lawyer. I do not believe that they can force you to sign it but they may have the ability to dismiss or take other action against you if you do not. Additionally, you cannot be held to conditions of a contract that you are not a signatory so what the contract says is irrelevant unless you sign it. You need a lawyer, fast! He should accompany you to the meeting. Dont let them tell you that you cant have one present, labor law provides your right to have legal representation at these types of meetings.
What is a no compete
Oh, yea! They sure can!
In the United States, they can fire you for any reason at all, or for no reason at all. It sounds like they're trying to manipulate you a bit and keep you away from their client. You'll have to decide if it's worthwhile to go work for him or stay where you are. If you want to stay, you'll probably have to sign, but I do wonder why they've waited two years already.
No they can't fire you "legally" but they can try to find a way.
The "no compete" agreement is signed or asked for before you are given the job. They can't just ask for it once you are employed, the mistake was from their part for not asking for it at the time of hiring. If they fire you that would give you grounds for a pretty good law suit for unjustified termination under labor laws
In theory they can ask you to sign, you say yes and sign and then next week they fire you for whatever reason. So don't sign unless you are given a pretty good deal. Maybe you could use this to get a 5 or 10 years contract (a something for something).
Remember that sicen your are already employed you have the right to say NO to signing that agreement; don't let them try to scare you.
If you want you can call the Labor Borou so that they can tell you what to do if your company try to put preasure on you.
Fireing you would be stupid on their part because its their secrets that they are trying to protect. They might demote you and not allow you access to new secrets, but the reason your meeting with top managment is that you hold the high card. Ask for a company car or some other perk to sign because by signing your trusting them not to fire you, and if they do, you cannot work for another company doing the same thing. Its only a loyalty statement if both sides get assurances. Oh and congratulaions on callng their bluff.
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