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I had been terminated today by my organization and they

Customer Question
I had been terminated...

I had been terminated today by my organization and they request me to sign a no compete clause in my severance papers, I think is unfair since it limits my chances to get a job, what can I do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

What you mean? I do not think so

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes, I feel I was wrong, there was a conflagration against me built up in a year that ended up in this laid off, the reason for lay off was that they needed to reduce in force, a restructure, but the reality is that they just a hire a very expensive coo who didn't like me from the start, during her interview she said about me" I never saw someone so full of bullshit, everyhting he knows he learned from Google" she built up the case and convined the president that I was a conartist even though the numbers show that I was very effective at my job she tweaked them and present a case against me and I think that it is the real reason to lay me off.In other issues, in the past they did a severance plan with another employee who resigned that was 6 months but they told me that now they have a policy of just one week per year worked, which gives me 13 weeks, just before Christmas! it is unfair and cruel and the environment of my work was dominated by bias against me.

Submitted: 7 months ago.Category: Employment Law
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Answered in 7 minutes by:
12/20/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,402
Experience: Significant experience in all areas of employment law.
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Good evening and thank you for entrusting me to assist you. am very sorry to hear that you are being let go.

You are absolutely free to refuse to sign the non-compete. Unfortunately, though, your employer is equally free not to pay you any severance money. So, essentially, you each have something the other wants, and it is up to you both to find a compromise that is mutually agreeable. You could propose more in severance money if your employer insists on the non-compete. You could propose a shorter duration for the non-compete, or a more limited geographic scope.

Again, though, since your employer does not have to pay any severance at all, they are free to condition their offer of severance on you signing a non-compete agreement. So, there is no way to force them to pay you severance, all you can do is attempt to negotiate and compromise with them.

I hope this helps. If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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Customer reply replied 7 months ago
I do not want to be charged monthly
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

I am just an attorney who answers questions here, I do not have any control over billing. However, I will certainly let the site know that you do not wish to sign up for any sort of monthly subscription.

Was there anything else that I can do for you with regard to your question?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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