Non Compete Agreement

[rokmon]

My question is: Can a non-compete agreement be used to keep my salary artificially low as compared to my peers doing a similar job.

I was origininally hired as a receptionist. Seven months later, I find myself with increased responsibility with no increase in pay.

Back ground: I work in the Information Technology field. Many times in the IT field, one has to accept a job below qualifications with the hope of growing with the company and receiving commensurate promotion and pay. My job has gone from the responsibility of a receptionist to: 1) Software telephone support, on - site travel training, Medical Billing, Remote technical support and Remote File Repair.

My Duty / Salary compensation has gone from $13.00 / hr (that I currently receive) to $23.00 (what the average employee makes as reported by a regional salary database for qualifications and duties I currently perform). I have requested a compensation package of $17.00 per hour. I have received exceptional evaluations. A meeting with company representatives suggest that I will be kept at the receptionist pay scale with a $1.00 increment yearly raise.


The Non - Compete suggests that for a period of one year, I can not entertain any offers from potential Employers who are in the database of the company I currently work for. As I work in a specialized field (Medical Software), practically all of "my" potential employment opportunities are now unobtainable as the potential companies can be found in the database of the company I currently work for.

As it stands now, it appears that if I continue with this company, I will be compensated far below the average. Or I can leave the company, work at a Wal - Mart for one year and then reconstruct my career. Both solutions are unacceptable.

I am hopeful that perhaps there can be a "first right of refusal" out clause with the non-compete: whereas, I entertain a Job Offer, whereas I receive a compensation package for said job offer, I present compensation package to current company with an offer to bring my salary to an acceptable level. If they do not, does this in itself nullify Non-compete because of bias (wage).

 

[charlesesq]

My question is: Can a non-compete agreement be used to keep my salary artificially low as compared to my peers doing a similar job.

I was origininally hired as a receptionist. Seven months later, I find myself with increased responsibility with no increase in pay.

Back ground: I work in the Information Technology field. Many times in the IT field, one has to accept a job below qualifications with the hope of growing with the company and receiving commensurate promotion and pay. My job has gone from the responsibility of a receptionist to: 1) Software telephone support, on - site travel training, Medical Billing, Remote technical support and Remote File Repair.

My Duty / Salary compensation has gone from $13.00 / hr (that I currently receive) to $23.00 (what the average employee makes as reported by a regional salary database for qualifications and duties I currently perform). I have requested a compensation package of $17.00 per hour. I have received exceptional evaluations. A meeting with company representatives suggest that I will be kept at the receptionist pay scale with a $1.00 increment yearly raise.


The Non - Compete suggests that for a period of one year, I can not entertain any offers from potential Employers who are in the database of the company I currently work for. As I work in a specialized field (Medical Software), practically all of "my" potential employment opportunities are now unobtainable as the potential companies can be found in the database of the company I currently work for.

As it stands now, it appears that if I continue with this company, I will be compensated far below the average. Or I can leave the company, work at a Wal - Mart for one year and then reconstruct my career. Both solutions are unacceptable.

I am hopeful that perhaps there can be a "first right of refusal" out clause with the non-compete: whereas, I entertain a Job Offer, whereas I receive a compensation package for said job offer, I present compensation package to current company with an offer to bring my salary to an acceptable level. If they do not, does this in itself nullify Non-compete because of bias (wage).

FWIW and IMHO, your employer has given you a non-compete agreement that is relatively unenforceable. Unless they can indicate why you have seen and have been privy to highly sensitive documents and know private information that would be significantly damaging to the company, you could feel free to work elsewhere. Most non-compete agreements are overkill and include a clause known as a "savings" clause, which states that in the event is considered unenforceable due to law, then it should be enforced to the maximum extent of the law.

In most states a non-compete lasts a year in practicality and is usually proportionate to the high level of one's position and access to highly confidential information and important trade secrets. Giving you a good example, the janitor might sign the same agreement but it would be unlawful to restrict his ability to find work elsewhere due to a non-compete. His position would not even put him in a position to have access to documents that would seriously jeopardize the company's welfare. It's a sliding scale and your job as a receptionist would probably not be on the higher end of the totem pole, e.g. executive management. I hope this helps, FWIW. Good luck.

 

[cbg]

For the record, unless you have a valid and enforceable contract that says otherwise, your employer NEVER has to give you a pay increase. The only exception to that would be if you are working at exactly minimum wage, and minimum wage was raised by either your state legislature or an act of Congress. The law does not say that you have to receive a pay increase with added responsibilities, and it does not say that you have to be paid according to the pay scale in your area. If you accept a lower wage for whatever reason, the fact that others in your field are paid more elsewhere does not obligate the employer to raise YOUR pay.