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I just started a new job and owner of company amde me sign a…

Customer Question
I just started a...

I just started a new job and owner of company amde me sign a covenant not to compete contract, also when i took interview , owner stated what work schedule would be, and after starting the owner totaly changed everything that was stated, also did not offer health insurance, i was in need to have income to survive , i was told it would a 90 day probationary period. since starting i was offred a job with beneifts and is a more stable work schedule and would be a postion that would sometimes put me in a compete situation, do i have any way to work around this ???

Lawyer's Assistant: Have you discussed this scheduling issue with a manager or HR? Or with a lawyer?

Ive tried to disscuss the schedule w owner , small business, the paperwork atates he may change schedule with a 1 weeks notice, and be required to be on call on scheduled days off, and i just found this all out tonight, looking over all my paperwork , i just started . mon am. i have not talked to any one yet. i am at this moment ready to quit with the fact owner went back on what was stated to ge me hired.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will i guess , no union state of pa

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

Nto right now

Submitted: 22 days ago.Category: Employment Law
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Answered in 1 minute by:
3/29/2018
Employment Lawyer: Legal Eagle, Lawyer replied 22 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,160
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 22 days ago
please do
Employment Lawyer: Legal Eagle, Lawyer replied 22 days ago

Hi, I see you're requesting a phone call. You may need to call your bank or CC company to authorize the charge:-)

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Customer reply replied 22 days ago
i guess wait on phone call, discuss by messages . very frustrated w employer !!!
Employment Lawyer: Legal Eagle, Lawyer replied 22 days ago

Ok, one moment...

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Employment Lawyer: Legal Eagle, Lawyer replied 22 days ago

Thanks so much for your patience.

Generally, non-compete agreements are going to be legal if they meet certain requirements. One of those requirements is that they must a) ancillary (connected) to another agreement and b) they must be reasonable in terms of their time, scope, and geography. This means that an employer cannot ban an employee from ever working from anyone else ever again throughout the world indefinitely.

If an employee wishes to invalidate a non-compete agreement, they first need to look into how that could be done. In addition to arguing that it is unreasonable, an employee may also have some defenses that are typical in a contract situation. For example, a non-compete may be unenforceable if the employer breached the contract themselves, if the employee was tricked into signing, if the statute of limitations to sue has already run, or if there is a lack of a legitimate business interest being protected (e.g. there are no trade secrets at risk).

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Employment Lawyer: Legal Eagle, Lawyer replied 22 days ago

If they failed to provide you health insurance as promised, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach.

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Employment Lawyer: Legal Eagle, Lawyer replied 22 days ago

For the non-compete, most people have a few options in this situation. The first option is to just ignore any threats of a breach of contract by an employer. If an employer were to sue, they would have to prove not only was the agreement enforceable, but also show damages. That may be too risky for the employer. Even if an employee is sued, it is important for them to remember the two elements I mentioned above and the additional defenses available to them as well.

Was there anything else that I could help you with today?

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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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