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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default Non Compete

    My question involves employment and labor law for the state of: Arizona
    I read arizona will uphold a non compete clause of an employment agreement. "the employee shall not engage or have an interest, within his immediate workplace within a 25 mile radius of any off or other place of business ooperated by the company, alone, or in association with others, as principal, officer, agent, employee, director, partner, member, manager, or shareholder, or rendering of services.....for the term of the agreement." the period is 3 months. I am probably going to move out of state for another job. Will this affect me?
    Also, this is a new agreement. The management sent an email stating "if the agreement is not signed and returned by ..... it is null and void and the emplyee will still be under their original agreement. Call the office to how it will impact on salary and bonuses if the agreement is not signed". I take this as a threat. Maybe it is just me. A little help of this will be appreciated. One last thing; in misc there is a statement stating this shall be construed and enforced in accordance with the state laws of FL", which is headquarters and I work in AZ for the company.
    I take it it may not have bearing due to this statement, but not sure. Thanks.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Non Compete

    It would be almost impossible for us to comment on a document we can't read.

    It would be well worth an hour of an attorney's time to get their feedback.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Non Compete

    Quote Quoting notvisible
    View Post
    Will this affect me?
    Are you going to "engage or have an interest, within his immediate workplace within a 25 mile radius of any off or other place of business ooperated by the company, alone, or in association with others, as principal, officer, agent, employee, director, partner, member, manager, or shareholder, or rendering of services.....for the term of the agreement"?
    Quote Quoting notvisible
    Also, this is a new agreement.... . I take this as a threat.
    If you are quitting and feel you would be better off under the old agreement, you can weigh that against the impact on your future compensation with the company you're planning to leave. Meanwhile, you are free to decline to sign and they can modify your compensation within the confines of state and federal law and any written employment agreement they have with you.

  4. #4
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Non Compete

    I don't plan on working in this same town or within 25 miles. It will be more like 1000 mile away in another state. I just really do not respond well to threats and from what I have read about the state I may go to, the shear mileage between work places should be enough to throw it out and I really won't be doing the same job anyway.

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