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  1. #1
    Join Date
    Jan 2014
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    Default Does a Non-Compete Clause Remain Valid if Your Hours are Cut

    My question involves employment and labor law for the state of: Arizona and Michigan

    Hello,

    My question concerns a employment contract I signed five years ago. There does not appear to be an expiration date. If my employer has been giving me fewer than 40 hours per pay period does that mean that the contract is no longer good? The contract also says that I can't get a job with a competitor for 1 year. If he is not giving me work then can I just assume the contract is void and try to find work doing the same thing with another company?

    Thanks!

    additional info: I am in Arizona, employer is in Michigan. The fewer hours has been going on for a couple of months. The contract says I will be full time.

  2. #2
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    Default Re: Does a Non-Compete Clause Remain Valid if Your Hours are Cut

    Are you telling us that the non-compete clause you signed was part of a contract that guaranteed you not less than forty hours per week of employment?

  3. #3
    Join Date
    Jan 2014
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    3

    Default Re: Does a Non-Compete Clause Remain Valid if Your Hours are Cut

    At the time I signed this contract I was working part time for health reasons. I told my future boss that I didn't think I could work the 80 hours stipulated in the contract which I had already signed but he said that was no problem. He said he would take whatever I could give him. I worked for the next several years with no complaints on the hours I worked. Then this year suddenly hardly any work.

    clarification: 80 hours per 2 week pay period

  4. #4
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    Default Re: Does a Non-Compete Clause Remain Valid if Your Hours are Cut

    So you signed the contract knowing it applied to part-time work, giving us no reason to believe that it wouldn't continue to apply to your part-time work.

    There remain questions of whether the contract is reasonable under the law, which would depend upon its terms. If you are intent on violating the contract I suggest that you take it to a plaintiff-side labor lawyer for review, as it is impossible to advise you about a contract term without reading the actual contract.

  5. #5
    Join Date
    Jan 2014
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    3

    Default Re: Does a Non-Compete Clause Remain Valid if Your Hours are Cut

    I see what you are saying. Thanks for you help.

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