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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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If I signed a non- compete contract stating that if I quit

Customer Question

If I signed a non- compete contract stating that if I quit or was fired I could not work for another drug testing company in that office or that doctor for one year. I went out for foot surgery in February. When it was time to return to work my company did not want to send me back to that office. They had nowhere else to sent me so they said if I would sign a non-disclosure contract they would not seek repayment of unearned vacation pay I received, plus carry my insurance one additional month and not fight my unemployment claim, since it was a mutual parting and not a termination or I did not just quit can I now work for that doctor?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.
Non-competes are very much state specific as some states permit them and others do not. In what state was this agreement signed, and what 'choice of law' is listed in the agreement? In which state did you work?
Customer: replied 1 year ago.
I worked in ohio the company is from michigan
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,
Both Ohio and Michigan enforce such non-compete agreements. As such, unless they in writing agree to waive the contract and release you from terms, although they won't fight you on unemployment or other factors, they can still limit your employment. As such, if you want to be let out, ask them to release you, as otherwise once you quit or are terminated, you will be held by the terms.
Sincerely,
Dimitry, Esq.

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