QUESTION
Are non-compete clauses enforceable if terminated for tone of voice and emails?
Asked on Nov 08th, 2013 on Labor and Employment - Ohio
More details to this question:
I have received notice from a company that I subcontract with, has terminated my services and are no longer wanted due to "my tone of voice and tone of emails". This came as a surprise as I have done excellent work and never has anyone given me such negative comments. My thoughts are the company has a concern that I have become too friendly with the people at three federal Government agencies where I have been a subcontractor coaching high level management. Is the non-compete still enforceable without the company showing cause, such as poor performance, etc.? The "tone of voice" is a smoke screen as the company's president does not like to be out preformed.
3 ANSWERS
No attorney should comment on a non-compete agreement that they have not read. Generally, they are enforceable, even if you are discharged, for any reason, but it depends on what the document says.
Answered on Nov 13th, 2013 at 3:26 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I doubt that the non-compete has a for-cause requirement, so probably, yes, it is still valid. However, you should probably consult with a local attorney because sometimes those clauses are overreaching and not enforceable because of that.
Answered on Nov 08th, 2013 at 10:07 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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The enforceability of the agreement has nothing to do with tone. An attorney will need to review the document as well as your position and other factors to determine whether or not it is enforceable as written.
Answered on Nov 08th, 2013 at 10:06 AM