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If I sign an original non-compete at 75 miles and now ...

Sent to Employment Law Experts April 29 11:14 a.m.

If I sign an original non-compete at 75 miles and now the company comes back and ask me to sign another one with an increase to 150miles is this something that they can do and what would happen if I do not sign it? Also, they have stated in the non compete that I can not go to another company in the same industry if I have been terminated or quit. I have been with the company for a little over six years and within the same industry for 17 years.

Customer (name blocked for privacy)

Status: Closed Value: $15

Info Request
April 29 11:20 a.m. (6 minutes and 50 seconds later)

REPLIED to Info Request

What state is this in?

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Reply to TruthFinder
Sent April 29 12:45 p.m. (1 hour and 24 minutes later)

Lebanon, Ohio

Customer (name blocked for privacy)

Answer
April 29 1:10 p.m. (25 minutes and 5 seconds later)

ACCEPTED

They could ask you to sign at the 150 miles but stating that you can not work in the industry is not going to hold up legally as that is an unfair and ridiculous clause. Should you not sign it, they could fire you, but then you may file suit for wrongful termination due to the lack of enforceability of an agreement with such steep terms. These agreements are suppose to protect companies from having a former employee share trade secrets or taking clients with them when they leave, but trying to place a restriction stating that you can not work in the entire industry is ridiculous and I do not foresee any judge holding that clause to be enforceable. You may want to read more HERE, HERE, and HERE.

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Reply
Sent April 29 4:36 p.m. (3 hours and 26 minutes later)

My boss's wife is our "in-house counsel". I answer directly to the owner of the company which is my boss. They are pushing me toward signing this non-compete and I can't afford to lose my job. Can they let me go for not signing this and stop me from going to another job in the same industry?

Customer (name blocked for privacy)

Answer
May 05 10:25 a.m. (5 days and 17 hours later)

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TruthFinder -- Consultant -- 100% Positive Feedback on 124 Employment Law Accepts
Personal and professional research consultant for over 3 years & always learning more.

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