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Going broke
01-18-2007, 05:30 PM
A company took over my husband's company in the latter half of 2006. This company is based out of another state and has been in the process of laying off employees and such and making decisions about who they are keeping and where they will be working. The majority will lose their jobs altogether.

The new company informed the associates that their benefits would remain the same for one year, yet they forced them to sign a new handbook with a non-compete clause as well as new vacation policies. I realize that Ohio employers are not obligated to give you vacation but is it legal for them to force you to sign something that takes away all your rights and privileges?

When I say "force", I mean that it was implied that they sign it or no job. Of course that's not verbatim but...

Is this a legal practice or not? My husband has been on his job for 20 years and is able to start his own business if there is no legalities stopping him.

Is there any recourse for their forcing the associates to sign this handbook?

rjc
01-18-2007, 06:32 PM
I cannot surmise any. However, I would advise your husband to contact local lebor/employment counsel regarding the non-compete. I am not familiar with OH law on the subject, but most states require some consideration over and above continued employment in order for the non-compete to be enforecable.

Please be advised that a dischare due to his failure to sign does not signify that his discharge was wrongful. Rather, it more than likely means only that the employer could not enforce the non-compete and your husband would be legally permitted to remain in the industry. Nevertheless, it could be costly litigation, so again he should consult counsel.

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