Appellate Practice Attorney serving New York, NY
Unless your employer is discriminating on the basis of gender, race, religion, or some other prohibited basis, he/she/it has no obligation to offer the same terms of employment to every employee. None of the facts you've stated look to be a basis for voiding the non-compete.
However, employee non-compete agreements are not always, or even usually, completely enforceable. Whether the one you signed is enforceable likely depends on a whole host of factors you haven't mentioned - how long is the non-compete? how wide a geographical area does it cover? do you have special and unique skills? did your employer spend a lot of money and/or time to train you? are there a lot of salons in the area? did you receive any additional compensation, beyond just getting the job, for signing the non-compete? Etc., etc., etc.
Answered on Jan 02nd, 2014 at 12:26 PM