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non compete agreements New York

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  • non compete agreements New York

    Hi I"m a plumbing ,hvac tech in upstate NY.I've been working for company X for 9yrs. My original agreement that i would be available to work on an "as needed" basis which meant ,nights,weekends, whether I was on the "on call' schedule or not,(I put in a lot of hrs). I didn't care i was making lots of money.a few years ago he had us sign non compete agreements,to protect him from stealing customers ,and doing side work.
    Work fell off last yr I made 13k less and he raised our health insurance contribution by 5k.less than my !st yr at lower hrly rate. He decided even though he advertises 24hr service we're not going and any job not gotten to will be kicked to the next day. I use to get pretty good bonuses based on gross sales,sales aren't high enough. so even though i rarely go out at night ,i cant even get a job at a gas station to replace loss income.I feel I need compensation for last yr and future yrs. Can I sue? Can i force this w/o loosing my job? Can i tell him I'm unavailable Nights and weekends? Are there mandatory O/T rules for my industry or for non-salary employees?Help!!!

  • #2
    Unless you have a bona fide contract that is in some way being violated, I'm not seeing a basis to sue. No law prohibits him from raising your health insurance premiums (I guarantee you that the insurance carrier raised his health insurance premiums on your behalf); no law guarantees you bonuses unless a bona fide contract so states; no law guarantees that your industry or any other will be granted overtime (though IF overtime is worked, the law provides that it must be paid at time and a half).

    You can tell him that you won't work nights or weekends if you want to but there is no law that would stop him from firing you if you do.

    You are free to have the non-compete looked at by a local attorney to see whether or not it is enforceable, but nothing you have posted appears to violate any laws.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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