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Something wrong here Tennessee

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  • Something wrong here Tennessee

    I am a manager of small company that sales refurbished electronics online. My pay is salary and monthly profit sharing (PS). The profit sharing didn’t start until July. Around May the accountant made a high estimate of what the company had to make in gross profit in order for the PS pool to be 50k. On the estimate he showed that our expenses every month would be 47k. Every since my PS started I have been told the company has lost money. Each month I would get an excuse and be told that we just needed to focus on the next month. I do not get to see the books, but my position lets me see the gross profit. Each month our gross profit has been well over 80k. Last month it was 145k. When the accountant did the books, he showed the company only made 4k in Profit. Finally I am told that there has to be a mistake on the accountant’s part in doing the books. After the so called “Executives” (owner, accountant, and warehouse manager) look over the books they claim to find nothing wrong. They say that we will have the accountant do the books weekly. So he can keep a closer eye on the money. I do not know if they are telling the truth. They say we definitely made money, but don’t know how much. So they can’t pay PS on something that they don’t know the amount on.

    Question: Can they do this? The profit sharing is half of my income.

    Since this I have made it perfectly clear that I am very frustrated with what has been going on. A few weeks pass and I had to take a personal day off. I have worked there for 9 months and haven’t taken a personal day. The owner of the company basically threatened to fire me if I took the day off. He was very rude with me and by the end of our conversation he said we just had to agree to disagree. Then gave me an impossible task to do over the weekend and said he would over look me missing if I got the task done. I did not get it finished but the owner said nothing to me come Monday. A week and a half later he is handing out a very lengthy non-compete. He handed them out to everyone on Friday and said to have them signed Monday morning. Everyone signed but one other person and me. We both told our manager that our attorneys were going to look the non-compete over. When the owner found out that we hadn’t signed ours he made a huge deal about it and told us not to come back to work until it was signed. He gave us until Wednesday to have them back. Due to everything that has happened I don’t feel comfortable signing it yet.

    Question 2: Can I be fired for taking longer than the 5 days he has given me to sign (Friday-Wednesday)?
    Question 3: I have worked there for 9 months can they bring a contract like that out now and make me sign?
    Question 4: If I do sign and they fire me within a month is the non-compete still valid? Is there any circumstance time would be a factor?
    Question 5: They have never made a contract for my job can I request one before I sign the non-compete?

  • #2
    Duplicate post
    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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